' This civil revision has arisen out of a suit brought by the petitioners, Muhammad Ans and others, against the respondents, Akbar Ali and others. The suit was decreed by a Civil Judge. The respondents, therefore, went in appeal before an Additional District Judge. It was found by the learned Additional District Judge that adquate court-fee had not been paid on the plaint. He, therefore, accepted the appeal and dismissed the suit for nonpayment of proper court-fee, without looking into the findings of the learned trial Court on the issues on merits. Feeling aggrieved by the judgment and decree passed by the learned Additional District Judge the petitioners have come up in revision to this Court.
2. It was contended by learned counsel for the petitioners that even if the learned appellate Court had found that sufficient court-fee had not been paid it was duty of that learned Court to allow reasonable opportunity to the petitioners to make up the deficiency but since this was not done, the order passed by it was not sustainable. Learned counsel for the petitioners is prepared to make good the deficiency in court-fee in terms of the finding of the learned Additional District Judge. On the other hand, learned counsel for the respondents raised two legal objections. One of his objections was that the petitioners should have filed a regular second appeal instead of a civil revision. His other objection was that proper court-fee had not been paid on this civil revision also inasmuch as the petitioners had paid court-fee keeping in view the valuation fixed by them for the suit and not in accordance with the valuation determined by the learned appellate Court.
3. Learned counsel for the petitioners requests that the petitioners may be allowed to convert this civil revision into a regular second appeal and also to pay court-fee for this Court in accordance with the finding of the learned appellate Court. Learned counsel, for the respondents is not agreeable to this arrangement. His argument is that in the circumstances of the present case the petitioners should not be permitted to convert the civil revision into a regular second appeal.
4. The policy of law is that judicial matters should be decided on merits and technicalities should not stand in the way of the disposal of cases accordingly. It is not denied that this Court has the jurisdiction to allow the petitioners to convert the civil revision into a regular second appeal.
Keeping in view the above policy of law and in order to enable the parties to have decision on merits, I allow the conversion of this civil revision into a regular second appeal and also direct the appellants to make up deficiency in court-fee in accordance with the valuation of the matter fixed by the learned appellate Court.
5. Now, the law is well settled on the point that if the Court finds that the court-fee paid by a party is deficient, that party is entitled to an opportunity to make good the deficiency. It has been held by the Supreme Court that if the party is not allowed time to make good the deficiency, the order of rejection of plaint for non-payment of proper court-fee is not in accordance with law. Admittedly, in the instant case the learned appellate Court did not permit the petitioners (who will be appellants in the regular second appeal) to make good the deficiency in court-fee. This is against the dictum of the Supreme Court. I, therefore, can't help allowing this second appeal and setting aside the order of the learned Additional District Judge by which he had accepted the first appeal and dismissed the suit for non-payment of adequate court-fee.
6. In result, I accept this regular second appeal, set aside the judgment and decree of the learned Additional District Judge and remand the first appeal to him for fresh decision on merits. Before so doing, he shall allow reasonable opportunity to the petitioners to make up the deficiency in court- fee in accordance with the valuation assessed by him.
7. The order passed by me will be available to the petitioners if they make good the deficiency in court-fee for this Cotirt, as aforesaid, within 15 days. If they fail to do so, the regular second appeal shall stand dismissed. In either event, the parties shall bear their own costs.