Law:

Section:

(a) Court Fees Act (VII of 1870)---- S.13 --- Civil Procedure Code (V of 1908), S.151 --- Constitution of Pakistan (1973), Art.185(3) --- Withdrawal of appeal before High Court on basis of compromise --- Plaintiff making two applications, one before Trial Court for certificate authorising him to receive back from the Collector amount, paid by him as court-fee on the plaint and a similar prayer in the other before High Court in respect of* court-fee paid by him on memo. of appeal in the High Court, which were rejected-7-Uave to appeal was granted to examine the conflict of opinion between the view of two High Courts whereby one High Court had expressed the view that High Court in its inherent jurisdiction could order refund of court-fee on the withdrawal of appeal; while the other had found that High Court had no inherent power to refund the court-fee; as authoritative pronouncement by Supreme Court was necessary to resolve the same. Bhola v. Sardar Muhammad PLD 1976 Lah. 1268; Trade Well (Pakistan) v. The Standard Bank Limited pJ.D 1975 Kar. 178 and Nabi Bux Khan Bhurgari v. National Bank of Pakistan PLD 1988 Kar. 24 ref (b) Court Fees Act (VII of 1870)- ---- S.13 --- Constitution of Pakistan (1973), Arts.2-A, 37(d) & 185 --- Withdrawal of appeal on basis of compromise --- Certificate to receive back court-fee amount paid by plaintiff (appellant) on the plaint and memo. of appeal-­ Entitlement --- State, under Art.2-A of the Constitution was obliged to further the ends of social justice, which, inter alia obliged it to ensure inexpensive and expeditious justice in terms of Art37(d) of the Constitution --- High Court erred in refusing certificate to plaintiff to receive back amount of court-fee spent by him on the plaint and memo. of appeal; it was incumbent upon High Court to adopt the interpretation of S.13 of the Court Fees Act which furthered the objectives of the Constitution rather than negated them --- Plaintiff was issued necessary certificate authorising him to recover amount incurred by him on payment of court-fee on the plaint and memo. of appeal. Under Article 2-A of the Constitution of 1973 the State was obligated to further the ends of social…

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