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Petitioner: ARK NAVIGATION CO. OF PAKISTAN LTD. VS Respondent: ESSO PAKISTAN
[Karachi]
Before Saeeduzzaman Siddiqui, J
ARK NAVIGATION CO. OF PAKISTAN LTD. and another‑‑Appellants
versus
ESSO PAKISTAN and another Respondents
Civil Miscellaneous Appeal No 43/5 of 1983 in Judicial Miscellaneous No.40 of 1975, decided on 22nd December, 1983.
Court Fees Act (VII of 1870)‑‑--
-‑‑‑S. 151‑‑Civil Procedure Code (i! of 1908), S. 7‑‑Court‑ fee‑‑Suit on original side of High Court‑‑No court‑fee, hued, was required to be paid‑‑Decision of Division Bench of High Court already available on point‑‑Since decision of Division Bench was under challenge before Supreme Court, petitioner permitted to deposit court‑fee with Nazir of Court for purpose of purchasing stamps subject to condition that in case Supreme Court decides that no Court‑fee was payable on suits on original side, amount of court‑fee shall be returned by Government.
Petitioner in person
ORDER
The applicant has filed this application under section 151 C P C praying that the amount of court‑fees amounting to Rs. 15,000 may be ordered to be deposited with the Nazir of this Court as according to the petitioner no court‑fee is payable on the original side of this Court. There is already a decision of a D.B. of this Court wherein it was held that no court‑fee is required to be paid in the suits instituted on original side of this Court but this decision is presently under challenge before the Supreme Court. However, in a large number of suits a similar question has arisen and the Court had directed deposit of amount of court‑fee in this Court for the purpose of purchasing stamps subject to the condition that in the event it is finally held by the Supreme Court that no court fee is payable on the suits on the original side of this Court the court‑fee shall be forthwith returned by the Provincial Govt. to the party concerned. Subject to above condition the petitioner is permitted to deposit the sum of Rs. 15,000 in Court and upon deposit of this amount the Nazir may purchase the court‑fee stamps subject to the conditions stated above. The petitioner may deposit this amount in Court within the period allowed by the Court during vacation.
M.Y.H./2498/K Order accordingly.