The main legal point established in the judgment is that the Court has the discretion to condone delay in re-filing an appeal under Section 151 of the CPC, but the applicant must provide a strong case with sufficient cause to persuade the Court to exercise its discretion in their favor.

Rakesh Kumar Jain, J.

1. This order shall, dispose of an application filed by the applicants/appellants under Section 151 of the Code of Civil Procedure, 1908 (for short "the CPC") for condonation of delay of 1460 days in refilling of the appeal,

2. The facts in brief are that the plaintiffs filed a suit for possession by way of specific performance of agreement to sell dated 06.07.1998, executed by defendant No.1 to sell his house measuring 4 Marias 1/2 sarasis No.l3-IV-S, Property No.BV-1421, comprising two rooms, verandah, kitchen, bathroom etc. for a consideration of Rs.1,20,000/- Defendant No.l received Rs.95,000/- as earnest money and fixed 06.10.2008 the date for execution of sale deed, but despite readiness and willingness of the plaintiffs, defendant No.l failed to execute the sale deed. The learned Trial Court decreed the suit with costs vide its judgment and decree dated 11.10.2003 and defendants were directed to execute the sale deed in favour of the plaintiffs as per agreement (Ex.P1) after receiving balance sale consideration within a period of two months from the date of judgment and decree, failing which it was ordered that the plaintiffs shall be entitled to get the sale deed executed through Court.

3. The defendants filed first appeal by affixing requisite court fee but the first appeal was also dismissed by the learned District Judge, Faridkot, vide his judgment and decree dated 14.02.2006.

4. According to the decree of the Appellate Court, the court fee required for filing of second appeal was Rs.4,200/-. Aggrieved against the judgment and decree of both the Courts below, the defendants filed Regular Second Appeal in this Court on 31.05.2006. At that time, the requisite court fee was not affixed with the memo of appeal, rather an application, i.e. CM No.8255-C of 2010, was filed under Section 149 read with Section 151 of the CPC for permission to make up deficiency of court fee. In the said application, it was alleged that the appellants are poor persons and are unable to pay court fee. Permission was sought to make up the deficiency in court fee within one month. It is pertinent to mention that the Registry scrutinized the paper book of the appeal and returned the same on 31.05.2006 itself by observing that "incomplete petition, returned to be re-filed". It is also worthwhile to observe here that Regular Second Appeal was filed on 88th day, i.e. on 31.05.2006, whereas the limitation to file Regular Second Appeal is 90 days. The applicants/appellants then re-filed the appeal on 28.05.2010 after a gap of four years, but the appeal was returned on 29.05.2010 by the Registry of this Court with the following objections:-

"1. How the court fee assessed and affixed, please give the detail on the backside of the opening sheet.

2. Ld. Counsel to kindly give para regarding undertaking that the deficiency of court fee will be made good as per the new amended Court Fee Act as and when the Honble Court is required."

5. The applicants/appellants then re-filed the appeal on 15.07.2010, but it was again returned by the Registry on the same day with the following objections:-

"1. Correct re-filing days should be mentioned in the petition.

2. Index should be complete regarding court fee."

6. The applicants/appellants then re-filed the appeal on 23.07.2010 which was again returned with the objection that "fresh up to date re-filing CM should be filed". After removing objections, the present application for condonation of delay in re-filing has been placed before this Court for adjudication.

7. Learned counsel for the applicants/appellants has submitted that the appeal was filed by Harbilas and his son Rajinder Kumar on 31.05.2006 which was returned by the Registry of this Court on the same day. Thereafter, Harbilas died on 07.08.2006. The applicants/appellants came to know in the month of May 2009 that the plaintiffs have filed some execution petition seeking possession of the house which is pending before the Execut