Law:

Section:

Civil Procedure Code (V of 1908)-------S. 149-Deficiency in court-fee---Time fixed by Court---Appeal filed by petitioners was dismissed by Appellate Court on the ground that deficiency in court fee was not completed within time given by Court and Reader of the Court had no authority to extend time for deposit of court-fee-Validity-Petitioners had neither violated target date nor order of Appellate Court was flouted, which could not be complied with due to absence of Presiding Officer on one hand and direction of Reader on the other who mentioned that court fee was to be deposited on next date of hearing---No direction whatsoever was given by Reader that court fee was to be deposited with Duty Judge---If there had been some Duty Judge, the Reader himself would .have not given date and adjourned the case---General practice was that usually where Presiding Officer was on short leave for a day or two, no Duty Judge was appointed and in criminal cases for the purposes of remand, additional duties were assigned to some other Judicial Officer---Date on which court fee was deposited was a valid, tendering of court-fee, under the peculiar circumstances of the case---Nothing was available on record to support that Duty Judge was functioning on that day---Conduct of petitioners could not be declared contumacious nor they had acted with mala fide intention to deliberately flout orders of the Court---Supreme Court converted petition for leave to appeal into appeal and remanded the matter to Lower Appellate Court for decision of appeal afresh---Appeal was allowed. Ahmad Yar Jang v. Noor Ahmed Khan 1994 SC 688; Siddique Khan and 2 others v. Abdul Shakur Khan and another PLD 1984 SC 289; Shahna Khan v. Aulia Khan and others PLD 1984 SC 157; Mst. Paveen v. Ms. Jamsheda Begum and another PLD 1983 SC 227 ref. Malik Muhammad Latif Khokhar, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioners. Nemo for Respondents Nos.1 to 3 and 5. G.N. Gohar, Advocate Supreme Court/Advocate-on-Record for Respondent No.4. Date of hearing: 18th June, 2009. JUDGMENT JAVED IQBAL, J.--- This petition for leave to appeal is directed against order, dated 3-9-2007 passed by the…

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