AKHTAR HUSSAIN versus MUHAMMAD TAHIR ALAM

Read with Section 151 Court Fees Act (70 of VII of 18), Section 13, 1 4 and 15 additional court fees, return of the hereditary jurisdiction in its hereditary jurisdiction, in the interest of justice, as a grant declaration. The appeal is being terminated and the parties leave to apply to the revenue authorities for a refund.

1981 C L C 1323

[Karachi]

Before Zafar Hussain Mirza and Saleem Akhtar, JJ

Syed AKHTAR HUSSAIN ‑Defendant/Appellant

versus

MUHAMMAD TAHIR ALAM AND ANOTHER‑Plaintiff/ Respondents

High Court Appeal No. 37 of 1980, decided on 11th December, 1980.

Civil Procedure Code (V of 1908)‑‑--------

------------‑‑ S. 151 read with Court Fees Act (VII of 18‑70), Ss. 13, 1.4 & 15‑ Excess court‑fee, refund of‑‑‑Inherent jurisdiction‑Ex debito justitiae declaration ‑‑ Appellant inadvertently paying excess court‑fee on appeal‑Held, in such circumstances Court can in exercise of its inherent jurisdiction, in interest of justice, grant declaration as to memorandum of appeal being overvalued and leave party concerned to apply to revenue authorities for refund.

Messrs British India Engineering Works, Karachi v. Messrs Globe Navigation Ltd. and 2 others P L D 1978 Kar. 375 rel.

R. A. Qureshi for Appellant.

A. R. Akhtar for A.‑G. for Respondents.

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