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MUHAMMAD SARWAR KHAN versus SAID HUSSAIN KHAN


Section 149 and O VII, R 11 Court Fees Act (VII 1870), Sections 10 and 28 were abolished by the High Court on the ground that the appellant did not pay court fees, the appeal was invalid and was Appeal was not fixed by the appellant by the appellant before the High Court, but a petition was made by the appellant to meet the deficiency, but the High Court The request was not considered by the source and the appeal was dismissed solely on non-payment. The High Court did not provide the Appellant_ with an opportunity to meet the reduction of the court fees related to the removal of the appeal, there were no applicable provisions of section 149, which was clearly present in the CPC where any or all of the part Not part. For any document that was not paid by law by the time the applicable court fee was paid, the court may at any stage allow the party to pay the full or any part of such court fee. Court fees, the document for which this fee is payable, shall have the same power and effect as when the first time such fee was paid in full where the court fee was not fully paid or partially for some reason. Should not be fined. The court fee was not paid to provide the party with an opportunity to meet the deduction or to pay the court fee, and the court, rather than penalizing the parties for the primary purpose of the provisions of Sections 10 and 28 of the Fees Party Act. It should be taken independently. 1870, tax collection was not to be imposed on such technical grounds: High Court

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