Syed ZAHID HUSSAIN SHAH vs MUMTAZ ALI S — 2023 MLD 981 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 981 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: Syed ZAHID HUSSAIN SHAH vs MUMTAZ ALI S
Provisions referred to: S. 149---P

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed ZAHID HUSSAIN SHAH VS MUMTAZ ALI S. 149---Power to make up deficiency of court-fees---Scope---Plaintiff specifically fixed ten million rupees as value of his suit for the purpose of court fee and jurisdiction, who per demand of law levied its maximum quantum as well---Such fact throughout was never disputed, thus remained unchanged---Petitioner/Defendant, who was obliged to file the appeal while levying court fee of Rs.15,000/- (as did upon the plaint) preferred the same without its affixation and even did not provide when during pendency thereof Additional District Judge (seized of the appeal) vide interim order specifically reminded him in that behalf, but no heed was paid---Appellate Court while accepting appeal once again required the petitioner to provide court fee within next thirty days, which was the last chance (otherwise his appeal would deem to be dismissed), but said condition was not fulfilled, whereas the petitioner acted recklessly and contumaciously---Via petition so made for enlargement of time, it was not the stance of the petitioner that said condition was not in his knowledge, whereas grounds given therein were neither sufficient nor supported by any material to grant the prayer---Petitioner had acted recklessly and being contumacious was liable to be knocked out because his negligent attitude accrued vested right to his contestant---Revision petition was dismissed.

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