Resham Singh Rattu And Anr vs Avtar Singh Gill
2021 Latest Caselaw 2871 P&H

CR-2219-2021 (O&M)                                                        -1-

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                CR-2219 of 2021 (O&M)
                                Date of decision: 04.10.2021

Resham Singh Rattu and another
                                                               ...Petitioners
                   Versus

Avtar Singh Gill

                                                             ...Respondent

CORAM: HON'BLE MR.JUSTICE H.S. MADAAN

Present:    Mr. B.S. Bali, Advocate for the petitioners.


H.S. MADAAN, J. (Oral)

Plaintiff Avtar Singh Gill had filed a suit for recovery

against defendants Resham Singh Rattu and Amarjit Singh. On getting

notice, both the defendants appeared and contested the suit. On

conclusion of trial, the suit was decreed, vide judgment and decree dated

03.02.2020 and a decree for recovery of Rs.1,30,00,000/- with interest

and costs was passed in favour of plaintiff against defendants.

Feeling aggrieved, the defendants had preferred an appeal

before District Judge, SBS Nagar, however, they do not affix the ad-

valorem court fee on the memo of the appeal, rather, an application was

submitted with permission to file the appeal without affixation of ad-

valorem court fee for the alleged reason of the same being not available.

The application was filed on 18.03.2020. Thereafter, adjournments were

sought for one reason or the other and ad-valorem court fee was not

affixed. Ultimately, learned District Judge, SBS Nagar, before whom the

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appeal was pending, vide order dated 08.09.2021 was constrained to

dismiss the application.

Feeling aggrieved, the appellants have approached this Court

by way of filing the present revision petition.

I have heard learned counsel for the petitioners besides going

through the record.

At the very outset, learned counsel for the petitioners has

contended that one opportunity be granted to the petitioners to affix the

requisite court fee. Although, keeping in view the conduct of

appellants/petitioners, they do not deserve to be granted more time for the

purpose but in the interest of justice, to enable the appellants to get their

appeal decided on merits, rather than shutting the doors of contest for

them, on a technical ground, I afford one more opportunity to the

appellants to affix the requisite ad-valorem court fee. The ad-valorem

court fee is to be affixed within 10 days from today, subject to deposit of

Rs.25,000/- as costs with District Legal Services Authority, SBS Nagar

within such period. Accordingly, the revision petition is allowed and the

impugned order is set aside with the directions aforesaid.

It is made clear that request for grant of more time shall not

be entertained in any case.

04.10.2021                                           (H.S. MADAAN)
sumit.k                                                   JUDGE

          Whether speaking/reasoned :             Yes          No
          Whether Reportable :                    Yes          No




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