By virtue of this application, the applicant has prayed for refund of Court-fee of Rs. 15,000/- affixed on the captioned Regular First Appeal.
2. Briefly stated, the applicant filed the titled Regular First Appeal against judgment and decree dated 5.1.2010 passed by learned Civil Judge 1st Class, Pakpattan Sharif. The said appeal, alongwith application for condonation of delay (C.M. No. 2-C/2010) came up for hearing un 5.7.2010 when the applicant's request for condonation of delay was turned down and consequently the appeal was dismissed. Now, the applicant has filed the instant application for return of the Court-fee affixed on the staid appeal on the ground that the said appeal was dismissed on the sole ground of being barred by time.
3. On the date of preliminary hearing, while issuing notice, copy of this application was handed over to the learned Law Officer to assist the Court. The learned Law Officer, present before the Court states that he has no objection if this application is allowed and the Court-fee is refunded back to the applicant.
4. Consequently, while relying on the cases reported as "Sh. Riaz-ud-Din v. Aqil-ur-Rehman Siddiqui and 4 others" (PLD 1993 SC 76), "Muhammad lqbal Khokhar v. M/s. AZIZSONS Group and 2 others"
(2003 CLC 276), "Mst. Razia Akram v. Agricultural Development Bank of Pakistan" (2002 CLD 1424), "Pakistan Burmah Shell Ltd. v. Tariq Brothers" (1997 CLC 761), "Jam Ghulam Mustafa v. Muhammad Latif' (1995 CLC 1931) and "Muhammad Chhotey Khan v. Muhammad Munir Khan and 2 others" (PLD 1992 Karachi 160), this application is allowed and the Office is directed to issue requisite certificate to the applicant for refund of the Court-fee. .