Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-----Ss. 14, 7 & 19--Court Fees Act (VII of 1870), Sched. I, Art.1 and Ss. 6, 7 & 19--AISpeal--Memorandum of appeal to be filed before District Court falls under Sched.1, Art.1, Court Fees Act, 1870 and court-fee is payable ad valorem on the subject-matter of dispute. Ordinarily a plaint in a suit for maintenance falls under section 7(i) and (ii) of the Court Fees Act and attracts ad valorem court-fee on the amount claimed to be computed in accordance with Article 1 of Schedule I of the Court Fees Act. But section 19 of the West Pakistan Family Courts Act, 1964, alters the law contained in the Court Fees Act, 1870 to the extent that the court-fee to be paid on any plaint filed before a Family Court shall be Rs.15 (in the Punjab). The concession with regard to the reduction in the court-fee is restricted only to the "plaint", and not to a "memorandum of appeal". The omission of "memorandum of appeal" in this section is significant because both a "plaint" and a "memorandum of appeal" are included in Article 1 of Schedule I of the Court Fees Act as attracting ad valorem court-fees. The express mention of one implies the exclusion of the other (expressio unius, est exclusio alterius). The Legislature intended to exclude from the purview of section 19 of the Family Courts Act the "memorandum of appeal" and confined the concession with regard to payment of court-fees only on a "plaint". A Family Court is a "Court of Justice", to which the Court Fees Act would apply in terms of section 6 thereof. The Family Court is a Civil Court and despite the exclusion of the Civil Procedure Code and the Evidence Act in their application to proceedings before the Family Court it is a judicial Court in every sense. The appeal was filed before the Additional District Judge, under section 14 of the West Pakistan Family Courts Act, and the said Court is a Civil Court. Thus, a "memorandum of appeal" to be filed before the District Court falls under Article 1 of Schedule I of the Court Act and the court-fee in such cases is payable ad valorem on the subject-matter of the dispute. Mst. Gaman v. Taj Din P L D 1968 Lah. 987; Muhammad…

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