P L D 1981 Lahore 261 (PLP)

(a) Civil Procedure Code (V of 1908) S. 149 read with O. VII, r. l l(c)‑‑Court‑fee‑Deficiency‑Order to make good‑Word "contumacy" and mala fides‑Connotation ‑‑ "Contumacy" involves obstinate resistance to authority of Court Question of contumacy cannot arise where deficiently stamped plaint filed and could be brought home to plaintiff in case of disobedience of orders of Court made after entertainment of plaint‑Court having to make up its mind at initial stage whether plaintiff be given time to deposit court‑fee‑Has to determine only question of mala fides and "mala fides" includes dishonesty as well as negligence of a greater degree.‑‑[Words and phrases‑Court‑fee]. Saeed Ahmad v. Karam Singh P L D 1949 Lab. 380; Maulvi Ahmad Yar v. Mst. Hajran P L D 1966 B J1 and Karim Bakhsh v. Qadir Bakhsh P L D 1954 Lab. 228 ref. (b) Civil Procedure Code (V of 1908) --‑ S. 149 read with O. V11, r. 11(c)‑Court‑fee‑Deficiency‑Making up‑Deficiency in court fee having to be made good after expiry of period of limitation‑Provisions of O. VII, r. 11(c) and S. 149, Civil Procedure Code, 1908, to be read and applied together in such a case Period of limitation still left‑Court must grant time as far as possible to enable plaintiff to pay up deficiency within period of limitation Suit already barred or likely to become barred by time on date by which Court directs him to deposit deficiency in court‑fee‑‑‑Limita tion can be saved by exercising discretion under 5.149, C. P. C.‑ [Court‑fee]. (c) Civil Procedure Code (V of 1908)‑ ‑‑ S. 149 read with O.11, r. 11(c)‑Court‑fee‑Deficiency‑Making up‑Sub‑rule (c) of r. 11 of O. V11, though provides for grant of time to plaintiff to make up deficiency irrespective of consideration whether suit is or would be barred by time or not yet, held, payment of court‑fee after period of limitation can be treated to be payment on date of filing of plaint only by resort to S;149.‑[Court‑fee Limitation]. (d) Civil Procedure Code (V of 1908)‑ ‑‑ S. 149 read with O. VII, r. 11(c)‑Court‑fee‑Deficiency making Reconciliation of S. 149 with O. VII, r. 11(c)‑Discretion under S 149 to order to make up deficiency in court‑fee being not exerciseable in case of contumacy, positive mala fides, negligence of a higher degree etc. and sub‑rule (c) of r. 11 of O. VII, making it incumbent upon Judge to extend time rendering extension of time a futile exercise of jurisdiction yet reconciliation between such two provisions possible‑Court before exercise of discretion under S. 149, or grant of time under O. VII, r. t 1 to find out whether conduct of plaintiff in making default in payment of court‑fee within time at all contumacious or actuated by positive mala fides‑Court once finding conduct of plaintiff being not so, bound to exercise discretion under S. 149 in favour of plaintiff and to grant time under O. VII, r. 11(c) to make good deficiency in court‑fee irrespective of whether time granted after expiry of period of limitation or period of limitation being likely to expire during time granted by Court.‑[Court‑fee‑Limitation]. Mst. Walayat Khatun v. Khalil Khan and another P L D 1979 S C 821; Jiwan Das v. Khushali Ram A I R 1917 Lab. 377; Basavayya v. Venkatapayya A I R 1926 Mad. 676; Babramania lyer v. Rama lyer A I R 1927 Mad. 1002; Radha Kanta Saha v. Debendra Narayan Saha A I R 1922 Cal. 506; Ram Sahay Ram Pande v. Lakshmi Narain Singh A I R 1917 Pat. 26; Deonath Sahai v. Radha Nath Prasad A I R 1922 Pat. 56; Janda Khan v. Bahadur Ali 3 P R 1893; Hari Ram v. Akbar Hussain A I R 29 All. 749; Jagat Ram v. Misar Kharaiti Ram and another A I R 1938 Lab. 361; Sardar Bal want Singh v. Sardar Jagjit Singh and another A I R 1947 Lab. 210; Sultan Muhammad v. Muhammad Yusuf P L D 1959 Pesh. 120; Muhammad Nawaz Khan v. Makhdoom Syed Ghulam Mujtaba P L D 1970 S C 37 and Shah Nawaz and 6 others v. Muhammad Yousaf etc. 1972 S C M R 179 ref. (e) Civil Procedure Code (V of 1908)‑ S. 149 & O. VII, r. 11 (c)‑Court‑fee‑Deficiency, making up of Contumacy or lack of benefit absolutely irrelevant where direction under O. VII, r. 11 for correction of valuation and for consequential deposit of deficient court‑fee required to be made prior to expiry of period of limitation‑Contumacy or lack of benefit, held, relevant only where suit barred by limitation and limitation required to be saved by exercise of discretion under S. 149.‑[Court‑fee]. (f) Civil Procedure Code (V of 1908)‑‑ S. 149 read with O. VII, r. I 1(c)‑Court‑fee‑Deficiency, making of‑Inference of lack of bona fides‑To be gathered where value placed on suit extremely arbitrary or ridiculously law‑Area of property as well as its consideration considerable and court‑fee amounting to Rs. 5,485, but an amount of Rs. 10, only paid as court‑fee‑Similarly area of property in other case also 115 kanals and recorded as chah nehri in plaint but plaintiff using wrong criterian of 15 times of mesne profits for valuation of suit, fixing mesne profits at Rs. 5 only and such valuation quite incompatible with area of property, nature of land, as well as consideration of Rs. 2,500, paid for it‑Suits in both cases also filed on last day of limitation‑Ridiculously low amount of court‑fee paid, held, impinges upon bona fides of plaintiff, institution of suit actuated by mala fides and trial Court acted illegally and with material irregularity in exercise of its discretion under S. 149, Civil Procedure Code, 1908, by directing plaintiff to make good deficiency in court‑fee by a certain date.‑[Court‑foe].