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. O. VII, R. 11(c), O. XLI, R. 3 & S. 107---Court-fees Act (VII of 1870), S. 28---Deficiency in payment of court-fees---Rectification of deficiency---Scope---Duty of Court to determine the deficiency and provide opportunity to a party to rectify such deficiency---Duty of party to rectify the deficiency in the timeframe permitted by court---Order VII, Rule 11(c) of C.P.C. stipulates that a plaint must be rejected if the relief sought is appropriately valued, yet the plaint is submitted on insufficiently stamped paper---In such instances, if the Court directs the plaintiff to provide the proper stamped paper within a specified timeframe and the plaintiff fails to comply, the plaintiff's claim stands to be rejected---It is also crucial to note that, under the provisions of Section 107, C.P.C. in conjunction with Order XLI, Rule 3, C.P.C., the stipulations of Order VII, Rule 11(c), C.P.C. extend to the memorandum of appeal as well---Consequently, an appellate Court possesses the same authority and obligations as a Court of original jurisdiction when dealing with suits filed before it---Therefore, just as a Court of original jurisdiction is mandated by Order VII, Rule 11(c), C.P.C. to grant sufficient time for rectifying any court-fee deficiencies in the plaint, an appellate Court is equally obliged to do the same concerning a memorandum of appeal---In this context, it is essential to emphasize that the question of discretion does not come into play---The appellate Court is required to first explicitly and accurately assess the amount of the court-fee deficiency before proceeding further---Following this determination, the Court must grant a reasonable period for the appellant to rectify the deficiency---Thus, rejecting a memorandum of appeal is deemed unlawful without first adhering to these essential criteria---It is necessary to clarify that when a plaintiff or an appellant is granted time to rectify a deficiency in court-fees as stipulated under Order VII, Rule 11, C.P.C., they must conform to this requirement within the given time frame---Should they fail to fulfil this obligation and subsequently request additional time without providing a valid justification, it may be interpreted as an act of obstinacy and a deliberate disregard for the authority of the law---In such circumstances, the court may reasonably determine that the plaintiff or appellant forfeits his entitlement to any further extensions, as his actions reflect a refusal to comply with legal mandate.

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

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