Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11,11(c),11(e)

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11,11(c),11(e)

Civil Procedure Code (V of 1908)-------O. VII, R.11(c)---Rejection of plaint---Conditions---Defendant, in the present case, moved application for rejection of plaint for deficiency in court-fee---Reply was filed and requisite court-fee was paid on the date when arguments were heard and the application of defendant was dismissed---Defendant, alleging contumacy on the part of plaintiff, demanded rejection of plaint and contended that by the time court-fee was affixed on the plaint limitation for filing of the suit had expired---Defendant's contention did not find favour with the court because record showed that court did not bother to perform the duties enjoined upon it under O.VII, R.11(c), C.P.C. and no order was passed directing the plaintiff to pay the court-fee---Held, in order to entail rejection of plaint under Order VII, Rule 11(c), C.P.C., two conditions must be satisfied, firstly, the court should have positively and specifically determined the amount of deficit court-fee which the plaintiff was required to pay/affix on the plaint and secondly, a reasonable time must be allowed to plaintiff to make up the deficiency in the amount of court-fee'---None of said two conditions having been complied with, plaint could not be rejected. Mst. Walayat Khatoon v. Khalil Khan and others PLD 1979 SC 821 distinguished. Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289 and Sardar Ahmad Yar Jang v. Sardar Noor Ahmad Khan PLD 1994 SC 688 ref. Syed Riaz-ul-Hassan Gillani for Petitioner. Syed Asad Haider for Respondent. Date of hearing: 5th December, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.---On 5-9-1992, the respondent filed a suit against the petitioners. According to the contents of the plaint, he was aggrieved, of termination of his service by the petitioner in breach of terms and conditions of his employment contract. He claimed a decree for Rs.20 million. In para.12 of the plaint it was stated that value of the suit for the purposes of the court-fee and jurisdiction is Rs.20 million and the requisite court-fee has been affixed. The suit was entrusted to a learned Civil Judge, Lahore. It was presented before him on 6-9-2002. Summons were…

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