$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 1195/2025, CM APPL. 82522/2025 VIRESH CHOPRA .....Appellant Through: Mr K Venkatraman and Mr Avinash Advocates.

versus THARVINDER SINGH (NOW DECEASED)

THROUGH LRS. .....Respondent Through:

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 13.01.2026 RFA 1195/2025

1. Regular First Appeal under Order XLI rule 1 read with Section 96 of CPC has been filed on behalf of the Appellant against the impugned Order dated 23.12.2023 passed by learned ADJ-07, Delhi, vide which the Suit of the Plaintiff was dismissed on account of non-payment of the deficit Court Fee.

2. The Plaintiff had filed a Suit for Recovery of Rs.87.70 lakhs on which the requisite Court Fee could not be paid. Thereafter, the Suit for Specific Performance and Permanent Injunction was filed on 09.02.2015. The Appellant then moved an Application for extension of time to pay the deficit Court Fee under Section 148 CPC which was dismissed as withdrawn on 03.12.2018. Thereafter, the Appellant moved an Application under Section VI Rule 17 CPC which was allowed vide Order dated 28.07.2020.

3. Learned counsel for the Appellant amended the Plaint on 28.07.2020 and withdrew his