Law:

Section:

Civil Procedure Code (V of 1908)- ----O.VII, R. 11 (c)---Deficiency of court-fee---Making up of---Suit was not liable to be dismissed nor the plaint was liable to be rejected for not making the deficiency of court-fee within time. Muhammad Nasrullah Khan v. Muhammad Ejaz Khan PLD 1975 Lah. 886 and Fateh Muhammad v. Abdul Ghani PLD 1981 SC 371 distinguished. Siddique Khan v. Abdul Shakoor Khan PLD 1984 SC 289 fol. JUDGMENT By this revision application the applicant has challenged the judgment of First Appellate Court i.e. IIIrd Addl. District Judge (East), Karachi dated 25-11-1987, whereby the judgment of the trial Court i.e. XIVth Civil Judge IInd Class, Karachi dated 12-5-1975 was set aside and the appeal of the Respondent ms allowed. One of the grounds on which the appeal was allowed was that the learned trial Court having come to the conclusion that sufficient court-fee was not paid directed the applicant to pay the deficit court-fee within one month. 2. The applicant had filed an application on 19-6-1975 which was a date during vacations to amend the decree and permit her to deposit the Court-fee in vacations. The application was fixed for hearing after vacations as it was held that there was no urgency. On 17-8-1976 the application was disposed of by an order wherein the decree was ordered to be amended, but it appears that no order was passed permitting the applicant to deposit the court-fee or extend the period of 30 days or condoning the delay that had elapsed. The applicant deposited the deficit court-fee in the trial Court on 12-7-1975 and the deposit was accepted. 3. Mr. Dastagir Ghazi, learned counsel for Respondents Nos.2 (i) to 2 (iv), has contended that the deposit should not have been accepted, as the suit automatically stood dismissed. In this connection he has placed reliance on Fateh Mohammad v. Abdul Ghani PLD 1981 SC 371 and Mohammad Nasrullah Khan v. Mohammad Ejaz Khan PLD 1975 Lah. 886. As against this Mr. Mohammad Ali Jan, learned counsel for the applicant, relying upon PLD 1984 SC 289 (Siddique Khan v. Abdul Shakur Khan), has contended that since in depositing the court-fee late he was not guilty of contumacy or positive mala fides,…

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