Prakash Gupta vs Smt. Saraswati Dani W/O ...
2021 Latest Caselaw 3111 Chatt

                               HIGH COURT OF CHHATTISGARH, BILASPUR
                                               Order Sheet
                                            FA No. 133 of 2020

             Prakash Gupta Versus Smt. Saraswati Dani W/o Balkrishna Dani (deleted) Through
                                             Legal Heirs



11.11.2021

Shri Triveni Shankar Sahu, counsel for the appellant.

Shri Anshuman Shrivastava, P.L. for the State.

Heard on I.A. No. 01/2020, which is an application for extension of

time for payment of Court fees.

The present first appeal has been filed assailing the judgment dated

06.03.2020 passed by the learned 2nd Additional Judge to the Court of 1 st

Additional District Judge Raipur Chhattisgarh in civil suit No. 136A/2014. The

appeal apart from non-fixing of the requisite court fees also had various

defaults. The appellant seems to have cured the other defaults and so far as

the default of non-submission of the court fees, they have moved an

application for extension of time. The application was filed on 05.08.2020

seeking for one month's time for payment of Court fees. By efflux of time, the

appellant has availed more than a year's time, within which the appellant

could have deposited the court fees but till date the appellant has not paid

the court fees. It is worthwhile at this juncture to mention that the appeal was

filed on 09.06.2020 i.e. by now more than one and half year's time has

already lapsed and the appeal is pending consideration before this Court in default of non-payment of the requisite court fees.

Reluctantly though, this Court as a last opportunity grants one week's

time to the appellant for curing the default of paying the deficit court fees

failing which the appeal would automatically stand dismissed as withdrawn

without further reference to the Board.

                    SD/-                                      SD/-

               (P. Sam Koshy)                             (Rajani Dubey)
                   Judge                                     Judge




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