' This is a revision petition against the older of the A. C./Collector, Shahpur, dated 16-11-1980, whereby he allowed the plaintiff/respondents to make good the deficiency in the court-fee to the extent of Rs, 1,625, within one week from the date of the impugned order.
2. I have heard the counsel for the parties and have gone through the orders of the lower Courts.
The contentions raised by the counsel from both sides have been considered.
3. The counsel for the petitioner contended that on 13-4-1977 the trial Court ordered for making-up the deficiency in the court-fee upto 25-4-1977, but that order was not complied with. Therefore, in the light of the decisions of the High Court and Supreme Court the suit was liable to be dismissed and that the A. C./Collector was not competent to give more time in 1980 and that the A.C./Collector should have dismissed the suit for non-payment of the court-fee.
4. The counsel for the respondents argued that the order of the A.C./Collector was legally correct and it be maintained.
5. It appears that the suit was filed three days before the expiry of one year limitation with the court-fee of Rs,
60. No explanation has been given as to why proper court-fee was not paid in time within the limitation period. The A.C./Collector was not empowered to give extra time beyond the limitation period for making up the deficiency in court-fee unless the respondents showed that they could not get 'Thar Paidawar' within time in spite of best efforts. No such evidence is available on the file in this case. The A.C./Collector permitted time for making up the deficiency in court-fee beyond the period of limitation without examining this point. In these circumstances, the impugned order of the A.C./ Collector is set aside and the revision petition is allowed.