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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Swaran Singh – Appellant
Versus
Munish Mahajan – Respondent
JUDGMENT :
Alka Sarin, J.
Present revision petition has been preferred under Article 227 of the Constitution of India for setting aside the order dated 09.05.2017 (Annexure P-8) vide which an application filed by the respondents for restoration of the appeal, which was dismissed vide order dated 23.04.2013 for non-furnishing of the requisite court fees, has been allowed.
2. The brief facts relevant to the present lis are that a suit for specific performance and possession was filed by the plaintiff-respondents on 20.02.2004. On 24.05.2004 the written statement was filed by the defendant-petitioners herein and a statement was made that they were ready to execute the sale deed. However, the sale deed was not executed on account of various issues raised by the plaintiff-respondents themselves. Taking into account all the said factors as well as pleadings and the evidence on the record, the suit was dismissed by the Trial Court vide judgment and decree dated 28.07.2012. An appeal was preferred by the plaintiff-respondents on 10.10.2012, however, no court fees was affixed on the memorandum of appeal. The memorandum of appeal was not accompanied by any application for exemption from filing
The delay in filing an appeal cannot be condoned without giving an opportunity of hearing to the opposite party. The exemption from payment of Court fee is applicable to 'plaint' only and not to 'mem....
The Court has the discretion to extend the time for deposit of the court fee, and once the court fee is paid within the extended time, it would be treated as having been paid at the first instance.
Court fee - Court can grant extension of time for payment of the balance court fee beyond a period of 30 days.
The provisions of Section 148 and 149 of the Code of Civil Procedure are intended to apply to cases of bona fide mistakes and not where a party consciously and intentionally avoided putting in defici....
An appeal against the Master’s order regarding court fees is not maintainable as per Order XIV Rule 12 of the Madras High Court Original Side Rules, 1994.
The court emphasized the importance of jurisdiction and the limitations on the defendant's right to move superior courts against the order adjudging payment of court-fee payable on the plaint.
Court fees submitted are not refundable if used but can be returned for re-filing in the appropriate court.
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