Law:

Section:

Civil Procedure Code (V of 1908)-------S. 96 & O.XLI, R.1---Court Fees Act (VII of 1870), Ss.6 & 28--­Appeal against original decree---Affixation of court-fee on memo. of appeal---One of the grounds on which appeal was dismissed was that appellant had failed to affix court-fee on memo. of appeal---Appeal remained pending for more than two and half years, but during that period, Appellate Court did not give any direction to the appellant to affix court-fee on memo. of appeal---Appeal would be deemed to have been filed on date of its original presentation notwithstanding the fact that court-fee was supplied after period of limitation---If court-fee was later on affixed, that would not render appeal barred by time---Since Appellate Court had failed to provide specific time for appellant to affix court-fee on memo. of appeal and had dismissed his appeal without giving such specific time, it had failed to properly exercise jurisdiction vesting in it--Judgment and decree passed by Appellate Court, were set aside by High Court and case was remitted with direction to provide specific time to appellant to affix court-fee on memo. of appeal and then to decide appeal on merits in accordance with law. Mirza Ghulam Hussain v. Muhammad Bashir 1981 CLC 1689; Wilayat Khatoon v. Khalil Khan and others PLD 1979 SC 821; Muhammad Sharif v. Maqsood Ali and others 1984 SCMR 90; Hashmat Ali v. Muhammad Sharif and others 1986 SCMR 405; Siddique Khan and others v. Abdul Shakoor Khan and others PLD 1984 SC 289; P.M. Amir v. Qabool Muhammad Shah 1999 SCMR 1049, and Sikandar Khan v. Muhammad Ashraf PLD 2003 Lah. 398 ref. Abdul Latif Afridi for Petitioner Qazi Zakiuddin for Respondent. Date of hearing: 13th June, 2003. JUDGMENT Zahid Shah respondent/plaintiff filed Suit No.93/1 of 1999 against Ibrahim Said petitioner/defendant in the Court of Illaqa Qazi, Timargera for recovery of rupees three lacs with profits. The said suit was resisted by the petitioner/defendant by filing written statement. The learned trial Court after framing issues and recording pro and contra evidence of the parties decreed the suit vide judgment arid decree, dated 27-1-2000. Feeling aggrieved with the said…

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