Memorandum of appeal

2020 CLC 442 PESHAWAR-HIGH-COURT Judicial Precedent

S. 8Court fee, computation ofMemorandum of appealProcedure

Provisions of section 8 of Court Fees Act, 1870 by itself are not a charging section and it only provides mode and manner in which court fee is to be computed

Amount of fee payable on a memorandum of appeal would be computed according to difference between amount awarded and amount claimed by appellants.

2019 YLR 233 HIGH-COURT-AZAD-KASHMIR Judicial Precedent

O.VII, Rr. 2 & 11 (b) & (c) & S. 149Money SuitPlaint, rejection ofMemorandum of appealFailure to make-up deficiency of court-feeAppellants were directed to make up deficiency of court-fee within ten days but needful was not doneApplication for extension of time after passing of ten days fixed by the Court was moved by the appellantsPlea of appellants was that due to misunderstanding of order needful could not be doneValidity

Neither appellants supplied deficiency of court-fee within ten days nor moved any application for extension of time within said period

Section 149 of Civil Procedure Code, 1908 would apply to a case in which whole of the court-fee was unpaid apart from a case in which only a part of the fee was unpaid

Section 149, C.P.C. conferred discretionary powers which was exercisable at any stage

Plaint was not to be rejected unless at least one opportunity was provided to the defaulting party by fixing a time for compliance of the order

Section 149 & O.VII, R. 11, C.P.C. had to be read together and must be given effect to accordingly

Said two provisions could not be considered mutually destructive

Section 149, C.P.C. was a general provision which would apply to all categories of cases but clauses (b) & (c) of O.VII, R. 11, C.P.C. only dealt with two given situations: If case did not fall in any of the categories i.e. (b) or (c) of O. VII, R. 11, C.P.C. then power of the Court would be discretionary

Appellants had not complied with the order of the Court in the present case

No plausible reason had been extended in the application for non-supply of deficiency of court-fee

Appellants were guilty of contumacy and mala fide in putting deficient court-fee alongwith memorandum of appeal

Appellants had earlier filed suit of similar nature for the same relief which was withdrawn

Present suit had been filed after twelve years which was barred by limitation

Appellant had no case even on merits

Application for extension of time to supply deficiency of court-fee was rejected

Appeal was dismissed in circumstances.

2017 CLCN 33 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

O. XLI, R. 1Memorandum of appealFailure to annex certified copy of decree with appeal

According to O. XLI, R. 1, C.P.C. it was obligatory for appellant that memorandum of appeal be accompanied by a copy of decree appealed from and of judgment on which it was founded

Memorandum of appeal should be accompanied by a copy of decree and where it was not so accompanied it was not validly presented appeal as court could not dispense with copy of decree and could only dispense with copy of judgment

If decree was not drawn up, appeal was not competent.

2017 PTD 446 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 196(1)Customs, Excise and Sales Tax Appellate Tribunal (Procedure) Rules, 2006, Rr.5(3) & 12(3)ReferenceMemorandum of appealDeficient documentsAppeal was dismissed by Customs Appellate Tribunal on the ground of failure to file certified copy of Order-in-OriginalValidity

Appellate Tribunal had authority to accept memorandum of appeal, which was not accompanied by all or any of the documents referred to in the Rules

Tribunal by ignoring such authority vested in it in terms of Rr. 5(3) & 12(3) of Customs, Excise and Sales Tax Appellate Tribunal (Procedure) Rules, 2006, dismissed the appeal in a cursory manner without assigning any reason as to why such discretion could not be exercised in favour of applicant

Appeal was filed in time and was also accompanied with all relevant documents except Order-in-Original

Applicant was not given opportunity to explain his position and to make out such deficiency, on the contrary appeal was dismissed on such account alone, instead of being disposed of on merits

High Court set aside the order in question and remanded the matter to Customs Appellate Tribunal to decide the appeal on merits

Reference was allowed accordingly.

2013 CLC 1659 KARACHI-HIGH-COURT-SINDH Judicial Precedent

O. XLI, R. 1Memorandum of appealNon-filing of certified copy of the decree appealed fromEffect

Appellate Court was empowered to dispense with the filing of the judgment but it was mandatory that a copy of the judgment was to be filed with the memorandum of appeal

Non-filing of the copy of the decree appealed from with the memorandum of appeal, or during the period of limitation, was fatal and would render the appeal non-maintainable

Appeal was not maintainable which was dismissed by the High Court.