Law:

Section:

(a) Court Fees Act (VII of 1870)-----Ss. 9 & 10-Deficiency in court-fee-Investigation-Contention that Court under S. 1.0 must first order investigation to be made for determining net profits or market value and could order payment of additional court-fee only after such investigation-Held: Not correct-Words "such investigation" in first line of S. 10.--Make reference to investigation ordered to be held under S. 9 and investi­gation could be ordered only under such section-Provision of S. 10 consequently not attracted at all where no investigation ordered under S. 9.-jCourt-fee-Interpretation of statutes]. Bahadur Shah v. Sharf Major and others P L D 1967 Lab. 154 distinguished. (b) Court Fees Act (VII of 1870)------ S. 9-Deficiency in court-fey-Investigation-Use of word "may" in S. 9-Makes it not incumbent upon Court to order investigation for ascertaining net profits or market value in all case--Such investi­gation may not be required in contain cases, eq. when enough material like Goshwara Paidawar already available on file.-[Interpretation of statutes]. (c) Civil Procedure Code (V of 1908)-----0. XX, r. 3-Trial Judge while dictating in presence of counsel for parties informed by defendant's counsel that plaintiff had not till then made up deficiency in court-fee and on such information changing his decision and dismissing suit-Judgment having not been finished or signed Trial Judge, held, could alter decision at any time before signed.-[Judgment]. Bashir Begum v. Abdul Rehman P L D 1963 Lah. 408 distinguished. (d) Court Fees Act (VII of 1870)--- S. 12-Deficiency in court-fee--Allowing of time to make up--Trial Court granting extensions of time to plaintiff but plaintiff negligent and contumacious in not bothering to make up deficiency-Petitioner never making any application requesting for extension of time for such purpose-Trial Court, in circumstances, held, justified in dismiss­ing petitioner's suit: [Court-fee]. Ram Ratan v. Raj Ram etc. (1923) 34 P L R 269 and Mst. Walayat Rhatoon v. Khalil Khan P L D 1979 S C 821 ref. Ch. Mushtaq Ahmad Khan, Advocate Supreme Court and S. Wajid Hussain, Advoeate-on-Record for Petitioner. Nemo for Respondents. Date of…

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