Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ---- S.14 --- Court Fees Act (VII of 1870), Sched.1, Art. 1 --- Dismissal of appeal on failure of petitioner to pay requisite court-fee on the memorandom. Of appeal --- Validity --- Petitioner's contention, that amount of court-fee payable on memorandum of appeal not having been specified in the order of Appellate Court, petitioner could not be deemed to have acted contumaciously or with mala fides so as to attract the penalty of dismissal of his appeal, had no force--¬Memorindum of appeal to be filed before the Appellate Court under West Pakistan Family Courts Act, 1964, would fall under Art. 1, Sched. 1, Court Fees Act; court-fee in such cases was payable ad valorem on the subject-matter of the dispute --- Value of subject-matter in dispute was clearly stated in the order passed by the Appellate Court in the presence of petitioner's counsel --- Court fees payable could, therefore, be calculated with a little diligence by referring to Art. I of Sched. 1, Court Fees Act, 1870 --- Petitioner had no intention to pay the court-fee and he deliberately did not comply with the order of Appellate Court, therefore, he could not make any legitimate grievance against dismissal of his appeal on account of his failure to pay the court-fee for which he was allowed sufficient time and opportunity- -Impugned order passed by Appellate Court, being valid did not call for interference. Mirza Daud Baig v. Additional District Judge, Gujranwala and others 1987 SCMR 1161 rel. ORDER Petitioner through this Constitutional petition seeks to call in question an order of the learned District Judge, Okara, dated 12-9-1991 dismissing his appeal on the ground that he failed to pay requisite court-fee on the memorandum of appeal. 2. Facts necessary for the disposal of this petition, briefly stated, are that the petitioner's wife Mst. Sakina Bibi and her minor son Jawar Rehman respondents Nos. 3 and 4 herein brought a suit for maintenance against the petitioner in the family Court, Okara. Petitioner contested the suit on the ground, inter alia, that -he had divorced the plaintiff Mst. Sakina Bibi 1-1/2 years back and that she had agreed before…

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