1. SALEEM AKHTAR, J. - This is an application under section 151, C. P. C. Filed on behalf of the appellant praying that a certificate for refund of Court fee of Rs, 2,100 may be granted as it was paid is excess of the amount payable under law. The appellant had filed the appeal against the order passed by, the learned Single Judge dismissing applications one for seeking ad interim injunction and the other for the appointment of a receiver. The appellant has stated that court-fee payable was Rs, 5 but instead, inadvertently, Rs, 2,105 was paid.
2. ' Mr. Rashid Akhtar Qureshi, the learned counsel for the appellant has contended that in the interest of justice the Court in exercise of the inherent jurisdiction, can order for the refund of the excess amount paid towards the Court fee. Mr. A. R. Akhtar appearing on behalf of Advocate-General. Sind.
3. Has pointed out to the case of Messrs British India Engineering Works, Karachi v. Messrs Globe Navigation Ltd. And 2 others, where it was held that "although there is no specific provision in the Court Fees Act empowering a Court to order refund, but the Court may ex debito fustitiae go into these questions, declare that any particular plaint or memorandum of appeal was overvalued and then leave the matter to the revenue authority for the grant of refund in accordance with the declaration given by the High Court".
4. There is no dispute about the fact that the appellant has paid excess court-fee of Rs, 2,100. It is well settled that in such circumstances the p Court can, in exercise of its inherent jurisdiction, in the interest of justice grant a declaration as held in PLD 1978 Kar.
5. 375.
6. ' In this case the appellant has paid excess court-fee of Rs, 2,100 and the appellant may apply for the refund of the same and may move the revenue authorities accordingly.