Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Suit for recovery of dower in shape of house or its price ---Decretal amount as fixed in decree was Rs.3,13,500---Filing of appeal against such decree without payment of Court-fee---Dismissal of appeal for non-deposit of Court-fee within time granted at appellant's request by Appellate Court---Plea of appellant raised in Constitutional petition was that he could not deposit Court-fee due to ailment of "Typhoid fever"---Validity---Appellant in application for extension of time had stated that Court-fee of Rs.15,000 was to be paid on appeal--­Such statement clearly showed appellant's knowledge about court-fee to be paid on appeal and his consciousness of about specified liability--­Appellant's counsel on date of passing impugned order had submitted to Appellate Court that he had nothing to say as to why Court-fee had not been paid---Plea of ailment had been concocted---Such ailment was not of a nature, which could cripple appellant to make pursuit of his case in Court even through agent or counsel---Conduct of appellant was not bona fide, thus, extraordinary jurisdiction could not be exercised in his favour---High Court dismissed Constitutional petition. (b) Court fee--- ----Duty of Court---Question of Court-fee, though being matter between subject and State, yet same must be paid by party in Court, whose duty was to look into deficiency of Court-fee and direct party to make up deficiency, if found upon examination of document. Mukhi Chatromal and another v. Khubchand and 6 others 1993 SCMR 1113 and Sardar Muhammad Kazim Ziauddin Durrani and others v. Sardar Muhammad Asim Fakhuruddin Durram and others 2001 SCMR 148 ref. JUDGMENT Through this writ petition, petitioner (Hasnain Raza) has prayed for declaring the order dated 2-1-2002, passed by Additional District Judge, Bahawalpur, by which the appeal filed by the petitioner was dismissed due to non-payment of Court-fee, to be illegal and without lawful authority. 2. The facts, in brief as are found from the record, are that Mst. Balqees Ghazal, respondent No.1, had filed…

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