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. S. 149---Court-Fees Act (VII of 1870), S. 28---Deficiency in payment of court-fee---Rectification of deficiency---Party to be allowed to rectify the deficiency/shortfall---Scope---There exists an additional legal provision that facilitates the rectification of certain procedural deficiencies which is articulated in Section 149 of C.P.C.---This section empowers the court to permit a party to remedy any shortcomings in the court-fees owed on various legal documents, including plaints, memorandum of appeal, and applications for the review of judgments, etc---Notably, this allowance extends even beyond the expiration of the statutory limitation period required for the submission of these documents---In essence, Section 149, C.P.C. provides a mechanism by which a flawed document can be retrospectively validated, provided that the deficiency in the court-fee is rectified with the leave of the court---When one examines Section 28 of the Court-Fees Act, 1870, in conjunction with Section 149, the law can be summarized as follows: (a) Ordinarily, a document that is insufficiently stamped is not to be received, filed, or recorded in a court; (b) When, however, an insufficiently stamped document is presented, the court has the authority to assess the precise amount of court-fees required and may grant the submitting party a reasonable timeframe to address the deficiency; (c) Should the party rectify the fee shortfall within the given time limit, the document is to be considered to have been presented and accepted on the original date of its filing; (d) If the deficiency is not remedied within the timeframe fixed, the document will be rendered invalid and without legal effect---It is important to emphasize a significant aspect of Section 28 of the Court-Fees Act, 1870, along with Section 149, C.P.C.---These provisions do not obligate the Court to grant an extension of time for parties to address any deficiencies in court-fees---Instead, the authority to remedy such deficiencies lies within the Court's discretion, meaning that it cannot be assumed as an automatic right---However, it is essential to recognize that the pursuit of law fundamentally aims to deliver justice; it is not merely a series of rigid procedures but a pathway to achieving fair outcomes.

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

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