Punjab-Haryana High Court
Sandeep Kumar vs Sarav Haryana Gramin Bank Etc on 23 November, 2023
Neutral Citation No:=2023:PHHC:149750
Neutral Citation No:2023:PHHC:149750
CR-7057 of 2023 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
131 CR-7057 of 2023
Date of Decision: 23.11.2023
Sandeep Kumar ....Petitioner
Versus
Sarav Haryana Gramin Bank ....Respondent
CORAM:HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Ms. Manisha Nehra, Advocate for the petitioner.
*****
SANJAY VASHISTH, J.(Oral)
1. Present revision petition has been filed by the defendant-
Sandeep Kumar, challenging the order dated 02.11.2023 (Annexure P-
7), passed by learned District Judge, Hisar in Civil Appeal No.213 of
2023, titled as 'Sandeep Kumar, Vs. Sarav Haryana Gramin Bank etc.'
bearing CNR No.HRHS010118592023, wherein appeal filed by the
petitioner has been dismissed for non-compliance and want of
requisite ad-valorem Court fee.
2. Learned counsel for the petitioner submits that
respondents-Sarav Haryana Gramin Bank filed a civil suit for
recovery against petitioner/defendant No.1-Sandeep Kumar and
defendant No.2-Wazir Singh, who was proceeded against ex parte. He
further submits that the suit was filed for recovery of an amount of
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Rs.5,25,920.23/- alongwith interest @ 13.50 % per annum from the
date of filing of the suit till its actual realization and same was decreed
by the Court of learned Civil judge (Junior Division), Hansi (learned
trial Court) vide judgment and decree dated 02.08.2023.
3. Thereupon, defendant No.1 filed an appeal before the
Court of learned District Judge, Hisar on 01.09.2023 alongwith two
applications i.e. for seeking exemption from filing the stamps (Court
fee) and one under Order XLI Rule 5 of CPC. In the application,
applicant averred that he has already deposited Court fee amount of
Rs.32,100/- through e-challan, bearing DDO Code-0561 and GRN
No.0106611505 dated 01.09.2023, however, due to a technical reason,
stamp (Court fee) could not be issued.
While filing the appeal, non-availability of the stamps
(Court fee) was also pointed out to the Appellate Court and taking
note of the grounds mentioned in the application, same was allowed
vide order dated 01.09.2023 and filing of appeal without affixing the
Court fee was permitted to the appellant (petitioner herein), however,
direction was issued to affix the ad-valorem Court fee on the next date
of hearing i.e. 19.09.2023. The appeal was also registered by the
Appellate Court.
On 19.09.2023, again Court fee could not be affixed and
on request, time was granted to make the Court fee good by
05.10.2023. Again, time was extended upto 02.11.2023, however, on
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02.11.2023, no further time was granted and appeal was dismissed for
non-compliance and for want of requisite ad valorem Court fee.
4. Learned counsel for the petitioner submits that the
circumstances leading to non-complaince were beyond the control of
the petitioner and even the requisite amount of Court fee was
deposited in the Government Treasury through e-Challan on
01.09.2023 itself vide GRN No.0106611505, indicating his bonafide
intention, a copy of which has also been annexed with the present
revision petition.
5. Learned counsel for the petitioner submits that now the
Court fee (stamp papers) are available with the stamp vendors.
Therefore, if one more opportunity is granted, the requisite Court fee
would be made good; and the petitioner could avail his right of
statutory appeal before the learned Appellate Court.
6. For the purpose of considering the prayer made in the
present revision petition, this Court does not feel any necessity to call
for other side, as the same would amount to sheer wastage of time.
Since, petitioner wishes to avail his statutory right of
appeal, in case of allowing the present revision petition, no substantial
right of the respondent is going to be effected adversely.
7. Taking note of the totality of the circumstances explained
by learned counsel for the petitioner and after going through the
documents appended with the petition, present petition is allowed
and the order dated 02.11.2023 is set aside, to the extent of dismissing
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the appeal on account of non compliance of the direction passed by
the Appellate Court.
Learned counsel for the petitioner is directed to approach
the learned Appellate Court with requisite application and the stamp
papers for revival of the appeal on or before 18.12.2023. On doing so,
learned Appellate Court would grant permission to affix the ad
valorem Court fee to make the deficiency in Court fee good and
would proceed in accordance with law to decide the appeal.
Disposed of.
[SANJAY VASHISTH]
November 23, 2023 JUDGE
rashmi
Whether speaking/reasoned yes/no
Whether reportable? yes/no
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