Law: Civil Procedure Code (V of 1908)

Section: O.XXXIII,r.10

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIII,r.10

Civil Procedure Code (V of 1908)-------O. XXXIII, R.10 & O.VII, R.2---Suit for recovery of money---Plaintiff was allowed to file suit as a pauper---Costs where pauper succeeds---When the pauper succeeds, the court was required to calculate the amount of court-fee payable which was to be recovered by the Provincial Government from the party, which was to be ordered to pay the same and the effect of such an order was that the said amount shall be a first charge on the subject matter of the suit---Court had no ground whatsoever to have directed the plaintiff (pauper) to pay the court-fee and to impose penalty of dismissal of the suit for non-payment thereof---Such order of the court being wholly without jurisdiction was set aside by High Court with direction that the amount of court-fee shall be recovered from the defendants along with the decretal amount by the Executing Court to be paid to the Provincial Government, if it so, claimed. Shahid Mehmood Khan Khilji for Petitioner. Nemo for Respondents. Date of hearing: 19th June, 2009. JUDGMENT MAULVI ANWARUL HAQ, J.--- This is rather an unfortunate case. The petitioner-lady filed a suit for recovery of Rs.50,000 against the respondents. She was allowed to file the suit as a pauper and after a contest and .trial it was decreed vide judgment and decree dated 8-12-2005 of the learned trial Court. The respondents filed a first appeal which was heard by Syed Pervaiz Ali Shah, Additional District Judge, Sargodha. I may note here that one of the questions raised in the appeal was as to whether the petitioner was correctly declared to be a pauper. It was answered in the affirmative. The other points were also decided against the respondents and the appeal was dismissed as being devoid of substance. I deem it appropriate to reproduce here the following from the ultimate para.14 of the judgment dated 11-11-2006 of the learned Additional District Judge:-- "There is no order as to costs. It is pertinent to mention here that under Order XXXIII, rule 10 of the C.P.C., the plaintiff who had succeeded in the suit is bound to make payment of court-fee, therefore, within next thirty days she is directed to make payment of…

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