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Civil Revision No. 473 of 1978, decided on 27th January, 1979.

-- S. 115-Revision petition-Held, a case of civil nature.

Prithvi Raj Khosla v. Chaudhri Muhammad Bakhsh and others A I R 1943 Lah. 65 and S. Zafar Ahmad v. Abdul Khaliq P L D 1964 Kar. 149 ref.

Sched. I, Arts. 13-A & 6, and Sched. II, Art. l0-Court-fees on revision petitions, vakalatnamas, and copies of judgments-Levied under provisions of Court Fees Act, 1870.

----S. 2-Abolition of court-fees-Word Court in expression "payable in, or chargeable by any Court -Includes High Court-Court-fees on revision petitions, vakalatnamas, and copies of judgments-Fall within purview of Ordinance-Court-fee on writ petitions though charged by High Court in exercise of its powers under Letters Patent yet not to be charged in event of legislation to contrary effect and enactment by competent Legislature to prevail.

Ahmed Khan v. Member, Board of Revenue. West Pakistan and another P L D 1967 Lah. 1030 and Ahmed Khan v. The Chief Justice and the Judges of the High Court, West Pakistan, through the Registrar, High Court of West Pakistan, Lahore and 2 others P L D 1968 S C 171 ref.

-- Art. 199-North-West Frontier Pr9vince Court Fees (Abolition) Ordinance (XIV of 1978), S. 2(b)-Writ petition-Court-fee-Whether Cl. (b) of S. 2 attracted to writ petitions :

S.2 read with Punjab Notification No. 5487-78/1809-St-I and Court Fees (Sind Amendment) Ordinance (XIII of 1978), S. 2-Abolition of court-fees-Scope of Punjab notification-Limited to plaints in civil suits-Court-fees in Sind remitted only in respect of those leviable under Court Fees Act, 1870 -Language of enactment promulgated in N.-W. F. Province, however, exhaustive and brings within its provision court-fees leviable in all Courts including High Court not only under Court Fees Act, 1870 but also under any other law for time being in force, or any rules or orders.

-- Ss. 20 & 21 read with North, West Frontier Province Court Fees (Abolition) Ordinance (XIV of 1978), S. 2-Process-serving fees in cases of civil nature-Charged with reference to Ss. 20 & 21 of Court Fees Act, 1870-Hence, held, not payable in civil suits, appeals and revisions in case of subject-matter or relief claimed not exceeding twenty-five thousand rupees.

J. D. Akbar ji for Petitioner.

Akhtar Munir, Asstt. A.-G, S. Rafaqat Ali Shah and Safeerullah for Respondents.

Date of hearing : 17th-January 1979.

In this Civil Revision against the order dated 30 7-1978 of the Senior Civil Judge Taimar Garha, which has been moved on 30-9-1970, petitioner Shahzullah did not affix any court-fee' The office objected to this but Mr. J. D. Akbar, J. who was appearing on behalf of the petitioner submitted that court. fee was chargeable on the petition under Schedule I, Article 13-A of the Court Fees Act. He submitted as far as court-fee on Vakalatnama was concerned, that was to be affixed under Schedule II, Article 10 of the Act: He added as far as court-fee on the copy of the judgment is concerned, he referred to Schedule I, Article 6 of the Act. He argued that since the promulgation of Court Fees (Abolition) Ordinance 1978, the court-fee on the petition, Vakalat Nama and copy of the judgment ceased to be charge able. He submitted that the case may be referred to the Chief Justice for a final decision with reference to section 5 of the Court Fees Act.

2. The matter was argued before me by Mr. J. D. Akbar J; Mr: Akhtar Munir Assistant Advocate-General and S. Rifaqat Ali Shah on behalf: of .the Bar Association and I make the following orders :

The North-West Frontier Province Court Fees (Abolition) Ordinance, 1978 was promulgated on the 26th of August, 1978 and it came into force at once elaborating that it should be deemed to have taken effect on or from 1st August, 1978. Section 2 of the Ordinance reads :

Section 2. Abolition of court fee in certain cases.-Notwithstanding anything contained in the Court Fees Act, 1870 (VII of 1870), or any other law for the time being in force, or any rules orders, no court-fee shall be-payable in, or chargeable by, any Court in respect of-----

(a) any criminal case ; and

(b) any case of civil nature the value of the .subject-matter whereof, ,_01, relief claimed therein, does not .exceed twenty-five thousand rupees.

(lines' under the words supplied).

3. The first question that falls for determination .is as to whether a, revision petition is a case of civil nature. My answer is in affirmative and reference with advantage in this connection can be made to Bibi Gurdevi represented by Prithvi Raj Khosla v. Chaudhri Muhammad Bakhsh and others (A I R 1943 Lab. 65) and S. Zafar Ahmad v. Abdul Khaliq (P L D 1964 Kar. 149). The second question that arises for determination is as to whether the court-fee. on the revision petition, on the Vakalat Nama and a copy of the judgment is being levied under the Court Fees Act. A reference to Schedule 1, Article 13-A, Schedule II, Article 10 B and Schedule I, Article 6 of the Court Fees Act is conclusive. So to speak the court-fee that is being demanded from the petitioner is the one that has been prescribed by the Court Fee Act. The third question that remains to be solved is as to whether the aforementioned fees which are payable in this High Court, fall within the purview of the Ordinance. Answer to this question is also not difficult for the words that have been used in section 2 C are "payable in, or chargeable by, any Court". The High Court is a Court. In this context it must be observed that though it is true that certain amount of court-fee is being charged by this Court in. writ petitions in exercise of the powers under clause 27 of the Letters Patent and that charge is intre vires, but on a reference to Ahmad Khan v. Member, Board of Revenue West Pakistan and another (P L D 1968 S C 171) and Ahmad Khan v. The Chief Justice and Judges of the High Court, West Pakistan, through the Registrar, High Court of West Pakistan, Lahore and 2 others (P L D 1967 Lab. 1030) it will appear that whenever them is an enactment by the competent Legislature, that shall prevail.

4. The learned counsel for the petitioner submitted that the expression "any case of civil nature" will cover civil appeals, Family Court cases and writ petitions as well but the Assistant Advocate-General argued that to Writs clause (b) of section 2 will not be attracted, for a qualification has been laid that the value of the subject-matter of relief claimed should not exceed twenty-five thousand rupees and the fact of the matter was that value of the subject-matter or relief claimed is not given in writ petitions. Since the controversy cannot be resolved within the scope of the present revision petition, I will leave it for consideration by the Administration Committee.

5. It may be mentioned that court-fees has been remitted in Punjab by Notification No. 5487-78/1809-St. I and the same reads

In exercise of the powers conferred by section 36 of the Court Fees Act, 1870, the Governor of the Punjab is pleased to remit with effect from the Ist August 1978, court-fee payable on plaints in civil suits under, Artiole I of Schedule when the amount or value of the subject-matter does not exceed twenty-five thousand rupees and on complaints in criminal cases under Article 1(b) of Schedule II..

So far as Sind is concerned, they have remitted the court-fee by an Ordinance called Court-Fees (Sind Amendment) Ordinance, 1978 and section 2 whereof, which is relevant, reads :

Section 2. Abolition of court fee's in certain cases.-Notwithstanding anything contained in the Court Fees Act, 1870 (Act VII of 1870), court-fee shall be payable in a criminal case and, a case of civil nature the value of which does not exceed twenty-five thousand rupees.

It will be seen that the scope of the Punjab Notification is limited to the plaints in civil suits and so far as the Sind enactment is concerned, it only remits court-fees leviable under the Court Fees Act, 1870. The language of the enactment promulgated in this province is exhaustive in as much as it brings within its provision court-fees leviable not only under the Court Fees Act of 1870, but also under any other law for the time being in force, or any rules or orders and again by using the expression "any court" it affect court-fees payable in the High Court as well.

6. Before I conclude, I must say that process serving fee in cases of' civil nature is also being charged with reference to sections 20 and 211 of the Court Fees Act. That shall also not be payable in civil suits, appeal Its and revisions and all such cases which fall within the ambit of the provision, any case of civil nature the value of the subject-matter whereof, or relief claimed therein, does not exceed twenty-five thousand rupees".

S. A. H Petition accepted.

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