Law:

Section:

Keywords: Orders, Further Issue, Exception, Penal Consequences, Order, Acceptance, Regular Hearing, Determination, Trial Court, Period, Consequences, Land, Period Of Limitation, Estate, Costs, Change, Omission, Plea, Inter Alia, Interpretation, Procedure, Provisions, Compliance, Connotation, Evidence, Incapable, Profits, Parties, Consideration, Payment, Proceedings, Mutation, Failure JUDGMENT AMJAD KHAN, J.- 191 Kanals l2 Marlas of agricultural land sold in favour of (Mst). Akhtar Begum respondent No.1, through mutation No.105 sanctioned on 14.9.1973, was sued out on 14.9.1974 by the petitioners to be pre-empted on the ground of their being collaterals of the vendors and also as proprietors of the estate. Vendee contested the suit and plea, among others, was raised that valuation of the suit is incorrect. Trial Court passed to orders for the deficient Court-fee being paid within the given period in accordance with the schedule of nett-profits of the land to be got prepared in the meanwhile. Plaintiffs, however, complied with the second order dated 3.3.1975 by paying more court-fee on 16.6.1975, against the requirement of its having to be paid before that date and there also was a specific order passed on that date by the trial Court in respect of acceptance of court-fee. Finally, trial Court only briefly dealt with the question by deciding issue No.2 in favour of the plaintiffs for the reason that the deficiency had been made good and finding the right of the plaintiffs to be superior, it decreed their suit, after determining the other issues in their favour, by the judgment dated 26.5.1977 with the requirement that the admitted sale price of Rs.58,000/- be paid by or before 28.7.1977. 2. Appeal thereagainst filed by the vendee-defendant was taken up for hearing by learned District Judge who came to the view not only that the plaint had been originally valued at a ridiculously low amount and court-fee of the value of Rs.12/- only had been paid thereat instead of its having to be worth Rs.912/- but he also observed that court-fee was paid on the specified date (16.6.1975), and not before it, as was the requirement, and proceeded to decide issue No.2 against the…

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