Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--S.149--Punjab Pre-emption Act (I "o I'S.15--Coristitution of Pakistan (1973), Art. 185(3)--Court-fee, deficiency of--Court afforded one opportunity under S.149, C.P.C. to pre-emptor to make up deficiency but he deposited lesser amount than he was required to pay--Trial Court rejected his application for second enlargement of time but Appellate CV Mowed the same--Leave to appeal granted to consider whether order of Trial Court did not require interference. Muhammad Yousaf Saraf, Advocate Supreme Court and M. A. Siddiqui, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 15th October, 1988. ORDER NASIM HASAN SHAH, J.--In a pre-emption suit, the value of the land was ascertained by the Court to be Rs.5 790 and the respondent was directed by its order dated 21-7-1977 to affix court-fee on the plaint in accordance with the aforesaid valuation by the next date of hearing (13-9-1977). In terms of this order, the respondent /plaintiff had to pay Rs.434.20 as court-fee but he deposited Rs.420 only. When the case came up for final arguments on 27-3-1982, some 4-1/2 years later, it was discovered that there was deficit of court-fee of Rs.14.75 on the plaint. The plaintiff. thereupon, submitted an application under section 149, C.P.C. praying for extension of time to make up the deficiency. The trial Court refused to do so observing that as the plaintiff had not done so from 13-9-1977 till 27-3-1982 the time could not be extended by the Court. It was of the (.pinion that the plaintiff deliberately failed to make up the deficiency in court-fee despite the time given by the Court to him for the said purpose. Accordingly, the issue "whether the suit is not properly valued for the purposes of court-fee and jurisdiction" was decided against him and the suit was dismissed. The respondent/plaintiff went in appeal which was allowed by the learned Additional District Judge with the remarks "the law regarding deficiency in court-fee has now been made lenient in view of the latest…

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