Law:

Section:

Court Fees Act (VIII of 1870) S. 28 Court fee Deficiency Point of deficiency of court fee once taken up by Court Court, held, possesses jurisdiction to deal with such matter in accordance with law on subject. C. M. Latif Rawn, Advocate Supreme Court and Muhammad Aslam, Advocate on Record for Petitioners (in all Petitions). Syed Afzal Haider, Advocate Supreme Court and M. A. Qadri, Advocate on Record for Respondents. Date of hearing: 6th February, 1980. ORDER KARAM ELAHEE CHAUHAN, J. This order will dispose of four petitions bearing No. C. P. S. L. A. Nos. 496/79, 497/79, 498/79 and 499/79, 2. The facts of these cases are few and simple. The petitioners filed four suits to pre empt the sales mentioned therein. Their plaints were rejected under Order VII, rule 11, C. P. C. on the ground that they had not made good the requisite deficiency of court fee, despite the opportunity having been given to them to do the needful. The petitioners filed appeals, which were accepted by the learned District Judge by order dated 14th November, 1975, whereby he remanded the cases to the learned trial Court to make investigation regarding valuation for the purposes of court fees and then proceed with the matter in accordance with the law afresh. The vendees filed four appeals in the High Court, which were accepted on 13th March, 1979. The High Court modified the order of the learned District Judge and issued a direction to the learned trial Court to enquire whether the plaintiffs had acted with due diligence and in good faith in fixing the valuation at 15 times of the annual net profits. It was further directed that it should be found out whether the petitioners had moved the revenue authorities concerned for obtaining the proper excerpts in time etc. for the purpose of fixing the annual net profits of the land. A further…

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