Law:

Section:

Court Fees Act (VII of 1870)-----S. 6--Constitution of Pakistan (1973), Art. 185(3) -- Court-fee--Deficiency in--Leave to appeal granted to examine contentions that initial failure to pay proper amount of court-fee was due to erroneous entry in decree-sheet in that regard; that in any case petitioners were entitled to an opportunity for making up the deficiency as laid down in P L D 1984 S C 289; and that petitioners having made up the deficiency within time granted by District Judge, the High Court erred in law in making an order which had the effect of dismissing their appeal. ORDER SAAD SAOOD JAN, J. --The respondents filed a suit inter aria for a declaration that they were owners in possession of the property in dispute. They affixed court-fee stamps worth Rs.30 on the plaint. The petitioners raised an objection that for the purpose of court fee the plaint had been under-valued. The suit was ultimately decreed. Nevertheless, in its judgment the trial Court upheld the objection of the petitioners and found that for the purpose of court fee the plaint should have been valued at Rs.13,000. Consequently, it called upon the respondents to make up the deficiency in the court fee within a certain period. 2. From the judgment of the trial Court the petitioners preferred an appeal before the District Judge. Despite the finding of the trial Court on their own objection that the value of the suit for the purpose of Court fee was Rs.13,000 they too affixed court fee stamps of the value of Rs.30 on the memorandum of appeal. On an objection raised by the respondents the learned Additional District Judge allowed the petitioners one week to make up the deficiency in the court fee. The petitioners made up the deficiency within…

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