Supreme Court in its judgment titled as Syed Zahid Hussain Shah versus Mumtaz Ali and others, Civil Appeal No. 2015 of 2022, has settled these questions; whether a suit can be proceeded without paying court fee and pass a judgment therein; whether time granted to a party to pay court fee can be extended by the court under sections 148 and 149 of the Code of Civil Procedure; what if the requisite court fee is not paid; can in such eventuality the case be dismissed or rejected/returned. Mainly placing reliance on Sultan Ahmad v Khuda Bux, 1986 SCMR 1005, the Court held that court fee cannot be used as weapon in the hand of one party to none suit the other one. The Court mentioned certain pertinent precedents on these points and held that court fee is the responsibility of the party lies against the state. It does not create right in favor of the opposite party. The Court also emphasized that the courts shall first attend to the question of court fee before they proceed further with the case.
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