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HAFIZ MUHAMMAD MUBEEN versus GOVERNMENT OF SINDH THROUGH DEPUTY COMMISSIONER, SUKKUR


The imposition of a court fee on the memo of the appeal of section 149 Court Fees Act (VII of 1870), Section 28 Special Relief Act (I of 1877), the closure of proof of suit for the specific performance of the Section 12 contract caused the Court of Appeal Appeal dismissed. Verification of payment of court fees was obligated to receive an appeal to the court's chief ministerial officer and to check whether all the requirements of the court were complied with by the act or public functionary of the court or allowed to be prejudiced Should go One of the purposes of the implementation of the Court Fees Act, 1870 was to recover the taxes and punish the prosecution for failing to comply with any of the other provisions of the Judicial Fees Act, 1870, and to tighten the other financial constitution. Be understood by In favor of the articles, the appellate court did not accept the section 149, CPC clause and dismissed the appeal for non-payment of court fees. Where payment was not made to pay the entire or any court fee, and such payment should have the same power and effect as the first time the fee was paid, the appellate court must pay Will guide you to make up. Lack of court fees on the appeal memorandum but no such directive was approved if the court of appeals had barred him from working in the exercise, the appeal would be presented on the date of his submission. Failure to exercise its jurisdiction illegally and with material misconduct and the jurisdiction established therein, the decision and order passed by the Appellate Court were set aside and in accordance with the law The case was remanded for judgment, accepting the modification of the circumstances

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