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SALAH.UD-DIN versus MUHAMMAD ALAM


Section 149 Judicial Fees Reduction of judicial fees Appeal judgments are deemed to be made good under court orders. Such appeal was properly sealed when it was originally filed, Time appeal cannot be cured because time is restricted. At the expiration of that period, the district judge issued an order dismissing the appeal when the time limit was banned [court fee].

1981 C L C 59

[Lahore]

Before Muhammad Ilyas, J

SALAH‑UD‑DIN‑Appellant

versus

Hafiz MUHAMMAD ALAM‑Respondent

Second Appeal from Original Order No. 174 of 1979, decided on 9th April 1980.

Civil Procedure Code (V of 1908)‑

----S. 149‑Court‑fee‑Payment of deficiency in court‑fee‑Deficiency in court‑fee on appeal made‑good under orders of Court‑Such appeal to be deemed to have been properly stamped at time it was originally filed‑Held, appeal could not be treated as time‑barred on ground that period of limitation had run out by time deficiency was made up‑Order of District Judge dismissing appeal as time‑barred set aside. [Court‑fee].

Jowala Singh and others v. Mst. Dhano and others 133 I C 122 rel.

Iftikhar Ahmad Dar for Appellant.

Nemo for Respondent.

Date of hearing : 9th February 1980.

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