M.M.Kumar, J.

1. This petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity the Code) is directed against the order dated 16.4.2003 passed by the Addl, District .Judge, Forozepur allowing the application filed under Section 149 of the Code seeking permission to deposit the deficient Court fee of Rs. 337.10. The Learned Additional District Judge has recorded a finding that it was an inadvertent mistake and deficient amount of court fee was affixed. For his view, the learned Additional District Judge has placed reliance on a judgment of this Court in the case of Amrik v. Union of India and Ors., A.I.R. 1974 Pb. 444.

2. Brief fact of the case are that predecessor-in-interest of the plaintiff-respondents i.e. Subhash Chander Narang filed a civil suit for declaration against the defendant-petitioner to the effect that he is tenant of defendant-respondent No. 4 i.e. Municipal Council, Abohar in the shop bearing No. 77 MCA. A further relief of possession of the aforementioned shop was also claimed against the defendant-petitioner. The suit of the plaintiff-respondent was decreed. When the defendant-petitioner filed an appeal before the learned Addition