Law: Civil Procedure Code (V of 1908)

Section: 149

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Maxim--Igenorantia juris neminum excusat (ignorance of law is no excuse)�ignorance of law, generally speaking, though no excuse but each case depends on its own facts and circumstances.(b) Civil Procedure Code (V of 1908)--- S. 149-Constitution of Pakistan (1973), Art. 185(3)-Deficiency in court-fee, time extension of, for making good-Limitation-�Appeal bearing same court-fee which was fixed on plaint and shown in and decree under appeal --- Office making endorse�ment that court-fee was proper - Petitioner taking objection that memorandum of appeal not stamped according to enhanced scale and as such deficiently stamped - Party making up deficiency in court-fee with permission of Court-First Appellate Court dismissing appeal on ground that deficiency in court-fee made good later on, when limitation had run out and thus no ground to condone delay-High Court set aside order of dismissal of appeal and remanded case for decision on merits-Held, respondents led in trap by court-fee fixed on plaint-High Court committed no mistake in extending time for making up deficiency in court-fee and passing order, which ought to have been passed by first Appellate Court-Interference not warrant�ed-Leave to appeal refused.S. Inayat Hussain, Advocate-on-Record for Petitioner.Talib H. Rizvi, Advocate with Ali Imam Naqvi, Advocate-on-Record for Respondents Nos. 1 to 4.ORDER KARAM ELAHEE CHAUHAN, J.--Muhammad Sharif (hereinafter called the plaintiff) filed a suit for pre-emption which was decreed by the learned Civil Judge on 29-7-1975. 2. The defendants/respondents filed an appeal in the Court of the learned Additional District Judge in which on I-9-1975 the office made an endorsement that the court-fee thereon was proper. However, during the pendency of that appeal, on 7-7-1976, the plaintiff-petitioner filed an application taking objection and pointing out that the appeal was not sufficiently stamped. On that very date, the defendants-respondents at once put in an application that fard khalis munafa may be got prepared from the revenue authorities. That application was granted and the case was adjourned to 21-7-1976. On the last mentioned date, namely,…