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P L D 2007 KARACHI 224

UMEED ALI AND 12 OTHERS

Vs

GOVERNMENT OF SINDH AND OTHERS

Constitution of Pakistan (1973) Arts. 2-A & 37(d)-

Indeed, in the case of Aslam Industries Ltd., reference has been made to the provisions of Article 1 of Schedule I of the Court Fees Act (VII of 1870) as amended by section 8 of Punjab Finance Act (XVI of 1973) and on that basis it has been held that the maximum court-fee payable on the plaint was Rs. 15,000 and no further.

But in the Province of Sindh, also in view of the judgment of this Court in the case of Sindh High Court Bar Association Karachi and another v. Islamic Republic of Pakistan PLD 1991 Karachi 178, which has been maintained by the Hon’ble Supreme Court of Pakistan, despite amendment in the Court Fee Act, 1870, made by  sections 4 and 6 of the Sindh Finance Act, 1990, thereby repealing the earlier amendment in Article 1 of  Schedule I of the Court Fees Act, VII of 1870, introduced by section 2 of Sindh Finance Ordinance VII of 1977, the position has remained unchanged i.e. the maximum court-fee recoverable is still in the sum of Rs. 15,000.

In the context of chargeability of court-fee in the Suits involved in this reference, a reference to Article 2-A and Article 37(d) of the Constitution is also pertinent, as by virtue of these Articles of the Constitution, State, is obliged to promote the ends of social justice by providing inexpensive and expeditious justice to every citizen of this country. [pp. 236,237] A & B

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