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1970 Supreme(P&H) 210

C.G.SURI
Amar Kaur – Appellant
Versus
Iqbal Singh – Respondent


Judgment


1. This Regular Second Appeal was filed on the last date of limitation period with a court-fee of Rs.29/-. The amount was deficient by a sum of Rs.3/- and this deficiency in the court-fee was made good when it was pointed out by the office about a fortnight later. The appellant has put in an application under Sections 149 and 151 of the Code of Civil Procedure for condoning the delay in paying the deficiency in the court-fee after the expiry of the period of limitation.

2. Shri Gurbachan Singh, the learned counsel for the appellant, has relied upon Jagat Ram V/s. Misar Kharaiti Ram, AIR 1938 Lah 361 (FB) and Custodian of Evacuee Property, New Delhi V/s. Rameshwar Dayal, AIR 1968 Delhi 183 in this connection. It may appear that by a clerical error the amount of court-fee was wrongly typed as Rs.29/- on the memo of appeal when the amount due was Rs.32/-. The correct court-fee amount is mentioned in the decree sheets of both the Courts below. Shri Gurbachan Singh argues that there could not have been any intention on the appellants part to throw away the court-fee amount of Rs.29/- in order to effect a saving of Rs.3/- and that the mistake was of a bona fide character. If the

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