Mr. Ajay Tewari, J. (Oral):- CM No.8039-C-2017

For the reasons recorded, the application is allowed. Delay of 65 days in re-filing the appeal is condoned.

RSA No.3297 of 2017

2. This appeal has been filed against the concurrent judgments of the Courts below decreeing a suit for mandatory injunction filed by the respondent No.1-Kaka Ram.

3. The admitted facts are that respondent No.1 was a contractor of the Food Corporation of India (FCI) and after the contract was entered into the appellant had informed him that it had forfeited his earnest money because his father (who had also been a contractor with the FCI) owed money to the FCI. The appellants filed an application under Order 7 Rule 11 CPC claiming that respondent No.1 was liable to pay ad-valorem Court fee. The respondent No.1 affixed ad-valorem Court fee. In the written statement the defense of the appellants was that since the father of respondent No.1 owed them money and since in that contract it had been stipulated that the heirs of the father would also be liable to return any money, the appellants had the right to forfeit the earnest money of the respondent No.1.

4. Both the Courts below held that even if the fath