Law:

Section:

Civil Procedure Code (V of 1908)------0. VII, R. 11(b)(c) & O.XLI, R.3---Punjab Pre-emption Act (I of 1913). S.15---Second appeal---Deficiency in court-fee---Lower Appellate Court rejected the memorandum of appeal on the ground of deficiency in court-fee---No time was allowed by the Lower Appellate Court for making up such deficiency--­Validity---Memorandum of appeal was not to be so rejected unless opportunity was provided to supply the required coup-fee and at least one opportunity was to be given to supply the deficient court-fee before rejection of the memorandum of appeal---Provisions of O.VII, R.11(b)(c) of C.P.C. applicable to plaint were also applicable to memorandum of appeal---Order of the Lower Appellate Court rejecting the memorandum of appeal was set aside in circumstances. Balwant Singh v. Jagjit Singh AIR 1947 Lah. 210; Muhammad Nawaz Khan and another v Makhdoom Syed Ghulam Mujtaba PLD 1970 SC 37; Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289 and Syed Manzoor Hussain Ghazi v. Syed Ejaz Hussain Shah, Settlement Commissioner, Lahore Division, Lahore PLD 1972 Lah. 743 ref. JUDGMENT This Regular Second Appeal is directed against the judgment and decree 14-9-1978 passed by the Additional District Judge, Gujrat whereby he dismissed the appeal of the appellant. 2. The facts giving rise to the instant appeal are that the suit for possession through pre-emption was decreed in favour of the respondent by the learned trial Court vide judgment and decree dated 1-7-1974. In the plaint the value for the purpose of court-fee was given as Rs.300 and value for the purpose of jurisdiction was fixed as Rs.900. The appellant preferred an appeal on 1-8-1974 by fixing the court-fee stamps of the value of Rs.22.50 on the memorandum of appeal and affixed court-fee of the value of Re. l instead of Rs.2 as shown on the decree-sheet. The appeal was entertained and admitted to full hearing. On 3-6-1978 the respondent moved an application for the dismissal of the appeal on the ground that the court-fee affixed on the decree-sheet was insufficient by Re. l and on the memorandum of appeal the court-fee stands on 15 times of the net profit, is…

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