JUDGMENT

Soumen Sen, J. - The application for dismissal of the appeal for non-payment of deficit court fees along with the application for extension of time to put in deficit court fees are taken up together and disposed of by this common order.

2. The appeal is arising out of an order passed in connection with an application filed under Order VII Rule 11 of the Code of Civil Procedure for dismissal of the suit. The suit was for specific performance of an agreement dated December 15, 2006 as varied by an oral agreement dated November 21, 2007. The suit was dismissed by the learned Trial Court on 12th September, 2013 accepting the submission of the petitioner/applicant/respondent no.1 that the plaint does not disclose any cause of action.

3. The appeal was initially filed as FMAT treating it as an appeal from order and on such understanding the appellant put in Rs.100 towards court fee. The department accepted the said court fees and registered the appeal as FMAT 580 of 2013.

4. The appeal along with the stay petition being CAN 1 of 2013 (old CAN 4587 of 2013) were listed before a coordinate Bench on 10th December, 2014 for admission. Upon hearing the parties, the following order was pa