Law: Civil Procedure Code (V of 1908)

Section: 149

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)---S. 149---Constitution of Pakistan (1973), Art.185(3)---Contentions of petitioner was that he did not commit default wilfully; that Trial Court did not direct him to deposit specific court-fee; that Trial Court as well as Lower Appellate Court did not grant reasonable time to petitioner to deposit court-fee that High Court did not appreciate the matter in its true perspective while upholding concurrent findings of two courts below; and that if opportunity was given, petitioner was ready to make up deficiency in court-fee---Validity---Leave to appeal was granted to consider the contentions of petitioner. Mian Khan v. Aurangzeb and 12 others 1989 SCMR 58 and Memon Educational Board and Society, Karachi, v. Munawar Hussain 2003 SCMR 157 ref. ORDER IJAZ-UL-HASSAN KHAN, J.---Mr. Mazullah Barkandi, Advocate for the petitioner, contended that petitioner had,not committed default wilfully; that…

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