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HABIB SULTAN versus ALLAH DITTA


Section 100, O VII, r 11 and the Court Fees Act (VII 187), Section 3, Second Schedule [as amended by the Punjab Finance Act (XI V of 1973)] with the help of the appellant for reduction of court fees. ] Minor illiteracy Benefits the law of the Court Fee Act Amending and holding ignorance, there is no excuse

1981 C L C 1715

[Lahore]

Before Muhammad Ilyas, J

HABIB SULTAN‑Appellant

versus

ALLAH DITTA ETc.‑Respondents

Regular Second Appeal No. 52.E of 1980, decided on 29th March, 1981.

(a) Civil Procedure Code (V of 1908)‑

‑‑ S. 100, O. VII, r. 11 and Court Fees Act (VII of 1870), S. 3, Second Sched. [as amended by Punjab Finance Act (XI V of 1973)] Court‑fee‑‑Deficiency‑Appellant assisted by counsel]‑Plea of illiteracy of little avail and ignorance of law amending Court Fees Act, held, no excuse.

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

‑‑ S. 100 & O. VII, r. 11 and Court Fees Act (VII of 1870), S. 3, Second Schedule [as amended by Punjab Finance Act (XIV of 1973)]‑‑Court‑fee‑Deficiency‑Appellant exhibiting culpable and gross negligence in matter of payment of court‑fee and when thinking of making up deficiency period of limitation for filing appeal already run out‑‑Valuable right thus accruing to respondents, held, could not be taken away from them in absence of sufficient cause for not paying proper court‑fee in time.

Mst. Walayat Khatun v. Khalil Khan and another P L D 1979 S C 821 rel.

Nakam Qureshi for Appellant.

Rana Muhammad Sarwar for Respondents.

Date of hearing : 29th March, 1981.

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