PROVINCE OF PUNJAB through the District Collector, Bhakkar vs MUHAMMAD CHIRAGH — 2026 PLD 53 SUPREME-COURT

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PROVINCE OF PUNJAB through the District Collector, Bhakkar VS MUHAMMAD CHIRAGH. Ss. 25 & 28---Constitution of Pakistan, Arts. 10-A & 185(3)---Deficiency in payment of court-fee---Inadequately stamped memorandum of appeal---Effect---Consequent rejection of appeal---Legality---Courts to allow rectification of deficiency in court-fees---Scope---Duty of Courts to ascertain precise amount of deficient court-fee and then grant a reasonable period to petitioner to remedy the deficiency---The Province of Punjab allotted 100 kanals of land to "A" under a tubewell scheme, and after his death, his heirs executed a general power of attorney in favour of "MH" who agreed to sell the land to respondent "MC"---When "MH" failed to honor the agreement, MC filed a suit for specific performance, which the Trial Court decreed in his favour---The Province challenged this decree through an appeal, but its counsel filed an inadequately stamped memorandum of appeal and, despite seeking repeated adjournments, failed to deposit the proper court-fees---Consequently, the District Court rejected the appeal, and the High Court, in revision, upheld that rejection---Therefore, the core issue before the Supreme Court for determination was as to "whether the rejection of the petitioner's first appeal due to insufficiently stamped court-fees was lawful"?---Held: When the memorandum of appeal was initially presented, the ministerial staff reported that court-fees was needed---However, the specific amount of the deficient court-fee was not indicated, leaving a crucial gap in the proceedings---The file was subsequently presented to the District Judge, who, rather than determining the exact sum owed in court-fees, opted to adjourn the case at the petitioner's request to allow time to submit the required fee---In a bid to rectify the situation, the petitioner sought seven adjournments to address the fee deficiency---Despite these attempts, the petitioner failed to fulfil this requirement---As a result, the District Judge ultimately rejected the memorandum of appeal---This procedural approach, characterized by an improper handling of the case, defeated substantial justice and fell short of the established principles of law---It was incumbent upon the District Judge to first ascertain the precise amount of the deficient court-fee and subsequently grant a reasonable period for the petitioner to remedy this shortfall---This essential exercise was neglected, rendering the rejection of the memorandum of appeal invalid---Consequently, the petitioner was deprived of a fair trial, which is a right protected under Article 10-A of the Constitution---The significance of this oversight alone warranted a revision of the order that led to the rejection of the first appeal, however, the High Court overlooked this critical aspect when it dismissed the petitioner's application under Section 115, C.P.C.---So viewed, the order of the High Court was also illegal---Consequently, the High Court judgment along with the District Judge's order was set aside---The case was referred back to the District Judge, who was directed to determine the exact amount of the court-fee owed---After this assessment, the District Judge was directed to provide the petitioner with a reasonable opportunity to rectify any deficiencies in the payment of the court-fee and after granting that opportunity the District Judge could proceed to adjudicate the matter according to the law---Present petition was converted into appeal and was allowed, in circumstances.

PROVINCE OF PUNJAB through the District Collector, Bhakkar vs MUHAMMAD CHIRAGH — 2026 PLD 53 SUPREME-COURT

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