Law:

Section:

Constitution of Pakistan (1973)--Arts. 185(3) & 199 read with Civil Procedure Code (V of 1908), Ss. 96 8:, 149 and O. VII, r. 11 (c) Leave to appeal Weighty arguments advanced by petitioner in support of prayer for have Petition converted into appeal Appeal filed by respondent on deficient court fee and objection raised at initial stage by application after effecting service Reply given by respondent that it was due to !*W miscalculation but no miscalculation pointed out nor any request made for extension of time to make up deficiency in court fee ¬Judgment and decree of appellate Court dismissing appeal on ground of insufficiency of court fee on memorandum of appeal Held, passed on correct principle of law Judgment and decree of trial Court maintained. Fateh Muhammad v. Abdul Ghani and another P L D 1981 S C 371 ref. JUDGMENT MIAN BURHANUDDIN KHAN, J. This petition is directed against the judgment and order of the Lahore High Court, dated 14 2 1983 passed in Writ Petition No. 4855 of 1982. 2. Petitioner filed a suit for maintenance against respondent Walayat Khan her husband at the rate of Rs. 650 p.m. The suit was decreed for payment of Rs. 300 p.m. to the petitioner and the arrears were to be paid as calculated by the Court. Respondent filed an appeal before the Additional District Judge Gujrat affixing Rs. 158 court fee on the Memorandum of Appeal instead of Rs. 945 the required amount. An objection was raised to the deficiency of court fee but the appeal was dismissed on 14 11 1982 by the learned Additional District Judge on the ground of insufficiency of court fee affixed on the Memorandum of appeal. This order was challenged by Walayat Khan in writ petition which was heard and decided by the learned Judge of the Lahore High Court vide the impugned judgment dated 14 2 1983. 3. Learned counsel contended that on 14 2 1.983 counsel of the petitioner, who had to appear in .another urgent petition, reached the Court at 8 12 a.m. and learnt that the petition had already been decided. Petitioner applied for setting aside the ex parte order the same day by an application. which was dismissed, on 16 2 1983 on the ground that the case had been called but none…

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