Devender Singh vs Ramphal Kaushik And Another
2022 Latest Caselaw 16968 P&H

              CR No. 5950 of 2022                        -1-


IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

                             CR No. 5950 of 2022 (O&M)
                             Date of decision : 15.12.2022
                            ...


    Devender Singh                                 ................Petitioner

                              vs.


    Ramphal Kaushik and another                   .................Respondents



    Coram: Hon'ble Mr. Justice H. S. Madaan



    Present: Mr. Rajesh Goyal, Advocate for the petitioner.
                           ...


    H. S. Madaan, J. (Oral)

Learned counsel for the revisionist states that the revisionist,

who was appellant before Additional District Judge, Sonepat, has

been ready and willing to make up the deficiency of court fee, but he

was not given sufficient opportunity to do so by learned Additional

District Judge, Sonepat and order rejecting the memorandum of

appeal was passed hurriedly on 27.10.2022.

A perusal of the file goes to show that the appeal was put up

for the first time before learned Additional District Judge, Sonepat,

on 12.10.2022 and he adjourned the case to 27.10.2022, for making

the deficiency of court fee. However, on the adjourned date,

observing that the deficiency had not been made good, relying upon a

judgment of this Court, he straightway, rejected the memorandum of

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appeal, under Order 41 Rule 3 CPC.

In my view, learned Additional District Judge, Sonepat, had

passed the order in haste, without affording sufficient opportunity to

the appellant to make good the deficiency of the court fee.

Therefore, the impugned order 27.10.2022 passed by

Additional District Judge, Sonepat, is not sustainable, the same is set

aside and the appeal is ordered to be restored at its original number.

The revisionist is directed to affix the requisite court fee on the

memorandum of appeal within two weeks from today, failing which

the Court may pass order rejecting the memorandum of appeal.

With such observations, the revision petition is accepted.

                                               ( H.S. Madaan )
15.12.2022                                        Judge
chugh



              Whether speaking / reasoned             Yes / No

             Whether reportable                       Yes / No




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