Law:

Section:

(a) Court Fees Act (VII of 1870)--- ----S. 7, (v) (c)---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted to examine whether reliance could not be placed on table of net profits produced by plaintiffs and, in any case, defendants should have been given opportunity to rebut the same. Court Fees Act (VII of 1870)--S. 7, (v) (c)---Civil Procedure Code (V of 1908), O.VII, R. 11---Deficiency in court-fee---Court had mandatory duty to grant time to plaintiff to supply deficient court-fee; it was only on plaintiffs' contumacy that penal provisions as to rejection of plaint could be invoked---Record showed that First Appellate Court had recorded definite finding that plaintiffs' conduct was not contumacious, with which High Court did not intervene---First Appellate Court and High Court correctly followed the law laid down by Supreme Court in Siddique Khan's case PLD 1984 SC 289---Trial Court had framed issue which covered the controversy as to the valuation of suit and insufficiency of court-fee---Both sides had opportunity to lead evidence on that issue---Defendants, thus, could not be decried to have been deprived of opportunity to support their case before Trial Court relating to deficiency of court-fee---Findings of Courts below warranted no interference in circumstances. Siddique Khan v. Abdul Shakur Khan PLD 1984 SC 289 rel. JUDGMENT MUHAMMAD AFZAL LONE, J.---This appeal by leave to appeal, directed against the High Court's judgment, dated 24-4-1989, rendered in revision, arises out of a pre-emption suit relating to agricultural land filed by the respondents on 1-4-1975. On such a suit, court-fee is payable on the basis of 15 times of the net profits from the land accruing during the year immediately preceding the date of institution of the suit, ascertained from the "table of net profits" prepared by the Patwari or Girdawar of the Revenue Department. The plaintiffs-respondents filed such table with the plaint but subsequently it was found missing from the file. The District Judge passed an order for re-construction of the record. The respondents thereupon placed on the file another table of net profits and on its footing a court-fee of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492