| Case ID |
51255eae-a052-4c8a-9bde-be4e8641eec9 |
| Body |
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| Case Number |
Civil Revision No. 233 of 2021 |
| Decision Date |
May 19, 2022 |
| Hearing Date |
May 19, 2022 |
| Decision |
The revision petition was dismissed due to the petitioner's failure to provide the required court fee within the stipulated time, demonstrating a reckless and contumacious attitude. The court underscored that an appeal is only considered filed once the court fee deficiency is addressed and that discretion under Section 149 of the Civil Procedure Code cannot be extended past the limitation period. The court emphasized the importance of adhering to procedural requirements, and the negligence shown by the petitioner resulted in an accrued vested right for the respondents, leading to the dismissal of the revision petition. |
| Summary |
This case involved a civil revision petition concerning the dismissal of an appeal due to the non-payment of court fees. The Lahore High Court, presided over by Justice CH. MUHAMMAD MASOOD JAHANGIR, examined the actions of the petitioner, Syed ZAHID HUSSAIN SHAH, who failed to comply with the court's order to pay the requisite court fee of Rs. 15,000. The court highlighted that the plaintiff, MUMTAZ ALI, had established a clear claim regarding the court fee value of ten million rupees. The court ruled that the appeal could not be deemed filed until the court fee was paid, reiterating that failure to comply with such requirements would lead to dismissal. The ruling serves as a reminder of the importance of procedural compliance in civil litigation and the consequences of negligence. Keywords include 'Civil Procedure Code', 'court fees', 'Lahore High Court', 'negligence in legal proceedings', which are relevant for legal practitioners and scholars. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD MASOOD JAHANGIR, J
|
| Lawyers |
Syed Aqeel Abbas Kazmi
|
| Petitioners |
Syed ZAHID HUSSAIN SHAH
|
| Respondents |
MUMTAZ ALI,
Mst. Gul Nargas,
Muhammad Ghaffar
|
| Citations |
2023 SLD 1180,
2023 MLD 981
|
| Other Citations |
PLD 2018 Lah. 502,
PLD 1967 Dacca 203,
PLD 1979 SC 821,
PLD 1981 Lah. 293,
2009 MLD 942,
2014 MLD 419,
2015 MLD 477,
2017 YLR 26
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
149,
96
|