Law:

Section:

Civil Procedure Code (V of 1908)--- Ss. 149, 148 read with S. 151-Deficiency of court-fee--Extension of time-Contention that petitioner having no information to pay court-fee could not comply with order although he deposited pre-emption money-High Court dismissing appeal holding that trial Court could have passed a conditional order calling upon petitioner to make up deficiency in court-fee failing which plaint would stand rejected and no sufficient cause shown for enlargement of time to make up deficiency in court-fee-Contention dealt with at great length and with thorough­ness by High Court and answered in negative and nothing possible to be usefully added to reasons assigned by High Court-Petition dismissed.-[Court-fee]. ORDER NASIM HASAN SHAH, J.-This petition is directed against the judgment of the Lahore High Court dated 20-8-1974 whereby the appeal of the petitioner herein (R. F. A. No. 14/73) was dismissed. The facts of the case briefly are that the petitioner-plaintiff brought a suit for pre-emption of a piece of agricultural land measuring 2 kanals 17 marlas situated in village Tarf Mubarik Awwal, Tehsil and District Multan. According to the plaintiff-petitioner although the ostensible value of the land was shown as Rs. 45,000, it was sold only for a sum of Rs. 9,000. The suit was valued by the plaintiff-petitioner for the purpose of court-fee and jurisdiction according to 15 times and 30 times of the net profit in the preceding year amounting to Rs. 5,310 and Rs. 10,620 respectively. The trial Court upheld the superior rights of pre-emption of the plaintiff-­petitioner and directed him to deposit Rs. 45,000 less 1/5th of pre-emption amount within a period of one month or else his suit shall stand dismissed with costs. It appears that in pursuance of this order, the petitioner-plaintiff deposited the pre-emption money on 28-11-1972 but did not make up the deficiency in the Court Fee. The judgment and decree was passed in favour of the petitioner-plaintiff in these terms by the Civil Judge, Multan on 30-10-1972. The petitioner challenged the findings of the trial Court pertaining to Court Fee, sale price and market value of the suit land by an appeal…

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