Plaint of the suit may be rejected by accepting application under Order VII Rule 11, C.P.C.

3. Learned counsel for the petitioners while relying upon Mubarak Ahmad, etc v. Hassan Muhammad (2002 SCJ 172 and Ch. Javed Iqbal v. Mst. Zainab Bibi and 8 others 2005 CLC 197 (Lahore) contends that both the learned Courts below failed to consider the law laid down by Hon’ble Supreme Court as well as this Court inasmuch as non-fulfillment of deficiency of court fee within the time stipulated by the Court, the Court had no option except to reject plaint declaring the act of the delinquent as contumacious, therefore, both the learned Courts below have failed to exercise the jurisdiction vested with them within the parameters framed by Hon’ble Supreme Court as well as this Court in the judgments referred ibid, hence the orders impugned are nullity in the eye of law and same may be set-aside declaring the same illegal, unlawful and in consequence whereof the plaint of the suit may be rejected by accepting application under Order VII Rule 11, C.P.C. 

 Part of Judgment 

 IN THE LAHORE HIGH COURT,LAHORE JUDICIAL DEPARTMENT

WP- Civil Suit
1759-11

2017 LHC 4774