MEMON EDUCATIONAL BOARD AND SOCIETY, KARACHI versus MUNAWAR HUSSAIN
Sections 2 (2), 96th and 8th, R11 Court Fees Act (VII 1870), Section 7 (v), Schedule I Article 1 and Schedule II, Article 2 (vii) Constitution of Pakistan (1973), Article 185 (3) ) Dismissing the petition, the Appellate High Court dismissed the appeal and review petition, respectively, against not setting a judicial fee on the appeal memo because no court fee was paid on the appeal memo. The dismissal of the allegations in favor of passing the order under section 2 (2), CPC did not have value of appeal in the present case is different from the evaluation of the subject matter shown in the plaintiff, therefore, on the memorandum of appeal. A court fee may be charged in relation to the cost of advertising where the cost of the case was already assessed, the provisions of Article 2 (vii) of Schedule II to the Court Fees Act, 1870, do not apply if the FMP had applied to the court. He requested that the appellate court remand the matter for payment of a conditional court fee and that the defendant would be the defendant in the present case. Aye's plea was not valid for technical reasons, namely the non-payment of ad valorem court fees, therefore, in the interest of justice and following the Supreme Court's consistent view that the parties should not be sued for technical reasons. Instead of deciding on the merits, the Supreme Court remanded the case that the application for leave of appeal was converted into an appeal and accordingly it was settled.
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