Amar Singh vs Parwat Singh
2021 Latest Caselaw 750 MP

THE HIGH COURT OF MADHYA PRADESH RP No.540/2020 (AMAR SINGH VS. PARWAT SINGH & ANR.)

Gwalior, Dated : 16.03.2021

Shri H.K.Shukla, learned counsel for the petitioner.

Shri Deepak Khot, learned Government Advocate for the State.

This review petition under Order 47 Rule 1 of C.P.C. (wrongly

mentioned as under Section 151 of C.P.C.) has been filed for

extension of time to pay Court fee as directed by this Court.

The petitioner had filed first appeal under Section 96 of C.P.C.

against the judgment and decree dated 28/02/2011 passed by Second

Additional District Judge (Fast track) Mungawali, District

Ashoknagar in Civil Suit No.5-A/2010. An application under Order

44 Rule 1 of C.P.C. was also filed seeking permission to file the

appeal as a indigent person, which was registered as MCC

No.216/2011. The said application was dismissed by this Court by

order dated 19/11/2019 in view of the indigence report and

accordingly, two months time was granted i.e. up to 18/01/2020 for

payment of Court fee, failing which the first appeal was directed to

be dismissed without any reference to the Court. It is submitted that

order dated 19/11/2019 was not informed by the counsel to the

petitioner, therefore, the Court fee of Rs.15,840/- could not be paid

within a period of two months.

On 19/03/2020, when the petitioner contacted his counsel to

verify the progress of the case, then he came to know for the first

time, that the period of two months has expired on 18/01/2020. It is

further submitted that thereafter, because of Lockdown no action

could be taken by the petitioner for payment of Court fee. It is further

submitted that the review petition was filed by the earlier counsel of

the petitioner admitting his mistake that the order dated 19/11/2019

slipped from his mind. Accordingly, it is submitted that time of two

months granted by this Court by order dated 19/11/2019 passed in

MCC No.216/2011 may be further extended by further seven days for

making payment of Court fee.

Heard the learned counsel for the petitioner.

The review petition, which has been filed and signed by the

earlier counsel for the petitioner, contains his affidavit also.

Paragraph 2 of the affidavit reads as under:-

"2- That, the said MCC was disposed of by this Hon'ble Court on19.113.2019 permitting me to pay the deficiency court fees within two month the said order has over slip in my mind therefore the deficiency court fees could not paid within stipulated time, the said error is human error based on bonafide deserves to be condone."

Since, the earlier counsel of the petitioner himself has admitted

his mistake, therefore, it is well established principle of law that no

party should suffer because of the mistake on the part of his counsel.

Under these circumstances, this Court is of the considered

opinion that it is a fit case, where order dated 19/11/2019 passed in

MCC No.216/2011 may be modified and a further time of one week

i.e. till 23/03/2021 can be granted.

Accordingly, it is directed that in case, if the entire deficient

Court fee is paid by 23/03/2021, then the first appeal filed by the

petitioner shall stand restored to its original file. However, it is made

clear that if the petitioner fails to deposit entire deficient Court fee

within a period of one week from today, then this order shall

automatically its effect.

With aforesaid observation, this review petition is allowed.

(G.S. Ahluwalia) Judge Pj'S/-

PRINCEE BARAIYA 2021.03.17 18:35:16 -07'00'