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Civil Petition for Special Leave to Appeal No. 63 of 1969, decided on 21st October 1969.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 16th December 1968; in Civil Revision No. 826 of 1968).

S. 151 & O. VII, r. H_ Plaint, rejection of‑Relief claimed under‑valued‑Deficiency in Court fee may be allowed by Trial Court to be made good under its inherent power under S. 151 and independent of provisions of O. VII, r. 11.

Ghulam Muhammad Bhatti, Advocate Supreme Court instructed by Mushtaq Ahmad

Khawaja

Senior Attorney for Petitioners.

Nemo for Respondent.

Date of hearing : 21st October 1969.

‑This is a highly frivolous petition for leave to appeal. The trial Judge found the Court‑fee stamp affixed on the plaint insufficient and directed the plaintiff‑respondent to make good the deficiency. The respondent miscalculated the amount and filed additional court fee short by 63 paisas. As it was a case of bona fide mistake the trial Judge permitted the respondent to file Court‑fee stamp of requisite amount to which the defendant‑petitioner took objection on the ground that under Order VII, rule 11, C. P. C. the trial Judge did not have the power to give more than one .opportunity to make up deficiency in the Court‑fee stamp. The plea was over ruled and the High Court has declined to interfere with the order of the trial Judge in revisional jurisdiction.

We are satisfied that the deficiency in the Court‑fee stamp by 63 paisas was due to an error in the calculation of the exact amount. The trial Judge, therefore, had independently of the provisions of Order VII, r. 11, C. P. C. inherent power under section 151, to allow the deficiency to be made good in the interest of justice.

The petition is dismissed.

Leave refused.

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