KAN SINGH, J.—The case is before me for the disposal of an application moved by learned counsel for the appellant on 13-12-74 u/sec. 149 of the Code of Civil Procedure read with sec. 5 of the Rajasthan Court Fee Act for allowing time to the appellant for making up deficiency of court fee. The application came to be made under the following circumstances :

The appellant filed the appeal on 2-1 71 against the judgment and decree of the Senior Civil Judge, Ajmer dated 27-7-70. The Office found that the appeal was filed within time, but it noticed that the certified copies of the judgment and decree did not bear court fee stamp; the court fee stamps requited being of Re. 1/- and Rs. 1 50 paise respectively. The case was ordered to be put up on 12-2-71, but as the deficiency of court fee was not made good the case was ordered to be put up on 10-3-71. On 10-3-71, Shri Dalpat Raj, one of the counsel for the appellant, was present, but as the defects had not been removed the case was ordered to be put up before the Registrar on 5-4-71. Before this date, however, the deficiency of Rs. 2.50 paise in court fee was made good and accordingly the case was ordered to be listed for admission in cou

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