PLD 2023 SC 470
Court-fees , non - payment of --- Power to make up deficiency of court-fees --- Scope --- Appellant's application seeking extension of time for deposit of court-fee was dismissed by the Appellate Court --- Legality --- Law requires that a court should first attend to the matter of court-fees -- If court - fees is not paid the plaint may be rejected --- Same principle also applies to memoranda of appeals --- However , in the present case the Appellate Court adopted a course which the law did not provide ; the Court allowed the appellant's appeal but made his decision subject to payment of court - fees within thirty days - ppellant submitted application for enlargement of time , under sections 148 , 149 and 151 , C.P.C. , in which he stated that he was not aware of the condition imposing court - fees and that due to the Covid - 19 pandemic and closure of the court he was unable to make payment within the stipulated thirty days --- However , his application was dismissed -- Appellant had paid the court - fees , which had secured the interest of the State --- Non - payment or belated payment of court - fees does not adversely affect the interest of the opposite - party --- Appellate Court should not have proceeded to decide the appellant's appeal till he had paid court - fees - Appellant had given sufficiently valid reasons for extending the time for payment of court - fees , which the court could extend under sections 148 and 149 of C.P.C. , therefore , his application seeking extension of time to pay court - fees , should have been accepted by the Appellate Court - If court fees was allowed to be paid the interest of the State would have been secured , without in any manner undermining the legal rights of the opposite - party , therefore . not understandable why the appellant was not allowed to pay the court - fees , albeit belatedly , -- Appeal was allowed , impugned judgment of Appellate Court was set - aside with the observations that legal complications arise if a judgment is given , as in the present case , without applicable court - fees having been paid . and parties alter their positions pursuant thereto , for instance the appellant may have proceeded to sell the land which he had purchased and thus created third - party interest therein , which may give rise to additional litigation ; that such litigation can be avoided if the matter of court - fees is first settled ; that when courts are inundated with cases , and of those who are keen to proceed with them , it does not stand to reason to waste court time by deciding a case in which court - fees has not been paid .
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