Punjab-Haryana High Court
Gurpal Singh vs Rajwant Kaur on 2 April, 2024
Author: Archana Puri
Bench: Archana Puri
2024:PHHC:044008
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-3648-2018 (O&M)
Date of Decision: April 02, 2024
Gurpal Singh
...Petitioner
Versus
Rajwant Kaur
...Respondent
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present: Mr.Amit Arora, Advocate
for the petitioner.
Mr.Ranjit Sharma, Advocate
for the respondent.
****
ARCHANA PURI, J.
The petitioner has invoked the jurisdiction of this Court under
Article 227 of the Constitution of India, for setting aside of the order dated
22.02.2018 passed by learned Addl. District Judge, vide which, the appeal
filed by the petitioner against the judgment and decree dated 02.12.2017 was
dismissed, for not making the deficiency in the Court fee good, within the
time allowed.
Learned counsel for the parties heard.
The material facts, as culled out, from the paperbook, are as
follows:-
That, initially, Rajwant Kaur-respondent/plaintiff had filed a suit
against Gurpal Singh-petitioner/defendant, for seeking specific performance
2024:PHHC:044008
on the basis of an agreement to sell dated 16.01.2014 of the land measuring
9 Kanals 8 Marlas, as detailed in the headnote of the judgment, copy
whereof is Annexure P-1. The suit was decreed for recovery of Rs.21 lakh,
vide judgment dated 02.12.2017. Feeling aggrieved, the petitioner-
defendant had filed an appeal bearing Case No.27/22.1.2018, copy whereof
is Annexure P-2. At the time of entertainment of the appeal on 23.01.2018,
it was observed by learned Addl. District Judge that along with the appeal,
an application for granting permission to make up deficiency in the Court
fee was filed and on account of reason assigned, the deficiency was ordered
to be made good on or before 09.02.2018. However, on 09.02.2018, an
application was again filed for seeking permission to make the deficiency in
the Court fee and the same was allowed and the case was adjourned for
making good of the deficiency on or before 22.02.2018. On 22.02.2018,
none was present and the deficiency of Court fee was not made good and the
case was dismissed.
Feeling aggrieved, the petitioner has filed the present revision
petition.
The appeal was filed to challenge the money decree of Rs.21
lakh, passed by learned trial Court, in the suit for specific performance,
sought on the basis of the agreement to sell dated 16.01.2014. Perusal of the
zimini orders, which have been placed on record, reveals about three
opportunities to have been granted and from the impugned order, it is
evident that none had made appearance and as a result thereof, no further
opportunity was granted.
However, it is always in the interest of justice, the parties
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should be facilitated to contest the case on merits.
In the given circumstances, considering the aforesaid, the
revision petition is hereby allowed and the appeal bearing Case
No.27/22.1.2018 is hereby ordered to be revived, subject to deposit of
Rs.10,000/- as costs, in the Poor Patients' Fund of PGIMER, Chandigarh,
within a period of two weeks, from today onwards. Subject to the deposit of
aforesaid amount, the parties to the lis, shall make appearance before lower
Appellate Court on 01.05.2024 and on appearance on the parties, on the date
fix, the Court concerned, shall facilitate for making good of the deficiency of
Court fee, within a period of ten days thereafter.
April 02, 2024 (ARCHANA PURI)
Vgulati JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
