AKBAR ALI And Others vs TE PROVINCE OF THE PUNJAB And Other
This matter comes before the Supreme Court of Pakistan via a petition for special leave to appeal against the judgment of the Lahore High Court in a regular first appeal. The petitioners' land was acquired by the Provincial Government for constructing a carriage-way. Dissatisfied with the compensation awarded by the Land Acquisition Collector and subsequently enhanced by the Senior Civil Judge, the petitioners filed a regular first appeal in the High Court with deficient court-fee. The High Court dismissed their application under section 149 of the Code of Civil Procedure for making up the deficiency and consequently dismissed the appeal. The core legal question is whether the High Court ought to have granted an opportunity to the petitioners to make up the deficient court-fee before dismissing the appeal. The Supreme Court held that the contention raised needs consideration and granted leave to appeal, relying on the principle established in prior jurisprudence regarding the opportunity to rectify court-fee deficiencies.
- Whether the High Court should provide an opportunity to make up deficient court-fee before dismissing an appeal?
- Can leave to appeal be granted when the lower court dismisses an application under section 149 of the Code of Civil Procedure 1908?
- Section 149, Code of Civil Procedure 1908
SAAD SAOOD JAN, J--This is a petition for special leave to appeal from the judgment of the Lahore High Court in a regular first appeal.
2.The land belonging to the petitioners was acquired by the Provincial Government for the construction of a carriage-way between the Lahore and Sheikhupura. The petitioners were not satisfied with the amount of compensations determined by the Land Acquisition Collector in his award. Upon their application the Collector made a reference to a civil Court. The learned Senior Civil Judge who was seized of the matter enhanced the amount of compensations. The petitioners were still dissatisfied and they preferred a regular first appeal in the High Court
3. The court-fee paid on the memorandum of appeal bore only a small proportion to the amount that was actually payable. The petitioners moved an application under section 149 of the Code of Civil Procedure for permission to make up the deficiency. The application was dismissed by the High Court, after observing that the reasons given for not paying the proper court-fee in the first instance were unacceptable. It then also dismissed the appeal as not having been properly filed.
4. In support of this petition it is contended that before dismissing the appeal the. High Court ought to have given the petitioners an opportunity to make up the deficiency. In support of this contention reliance is being placed upon a decision of this Court reported as Siddique Khan v.
Abdul Shakur Khan PLD 1984 SC 289.
5. The contention raised on behalf of the petitioners needs consideration. Accordingly, leave to appeal is granted to the petitioners. Security in the sum of Rs.2,500. The appeal may be made ready on the present record with permission to the parties to add such documents as they may consider necessary.