Effect of minor deficiency in payment of Court fee

S.25 of Court Fees Act, 1870—Effect of minor deficiency in payment of Court fee—Failure to make up the deficiency of a paltry sum (of court fee) could not warrant the dismissal of the entire but a fraction of the suit, in proportion to the amount of the court fee not made up—Decree granted to the decree-holder could still be executed in proportion to the amount of the Court fee actually paid.
Trial Court while announcing the judgment & decree did not direct the appellant to make up the deficiency in court fee—Fact that the appellant having been informed by the Reader of the Court made up the deficiency on the same date, further proved that he was not directed to make up the deficiency at the time of announcement of the judgment—Assuming appellant was directed to make up the deficiency at the time of announcing the judgment, his failure to do the same could not deprive him of his substantive right because the Court Fees Act, 1870 being a fiscal stature had been enacted to collect revenue for State; it had not been enacted to arm a litigant with a weapon of technicality against his opponent—Neither the Court of law nor a litigant could use said law as a noose to strangulate a right which otherwise stood established—Decree granted to the appellant could still be execute in proportion to the amount of the Court fee actually paid.

PLD 2018 SC 729

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