Murari @ Murari Lal vs Shyam Sunder
2024 Latest Caselaw 5983 P&H

Punjab-Haryana High Court

Murari @ Murari Lal vs Shyam Sunder on 15 March, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                 Neutral Citation No:=2024:PHHC:037885




                                               2024:PHHC:037885
324 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                         CR-4574-2023 (O&M)
                                         Date of decision: 15.03.2024
Murari @ Murari Lal
                                               ....Petitioner
             Versus

Shyam Sunder
                                               ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-    Mr.Kartik Khicher, Advocate for
             Mr. Baljeet Beniwal, Advocate for the petitioner

ANIL KSHETARPAL, J (Oral)

1. Though this matter has been taken up out of its turn,

however, as per the office report, the notice issued to the respondent has

been received back served and he remains unrepresented. The matter in

issue in the present revision petition is minor and not very significant.

The petitioner has filed the first appeal against the decree for the specific

performance of the agreement to sell. He was required to affix the ad

valorem court fee of Rs.84,400/-. He filed an application for extending

the period granted for the affixation of the aforesaid fee, however, the

court has refused to grant extension while rejecting the appeal.

2. Heard the learned counsel representing the petitioner at

length and with their able assistance perused the paperbook.

3. In the considered opinion of this Court, before rejecting the

memorandum of appeal, the court was required to grant an opportunity

to the appellant to deposit the court fee. The First Appellate Court is the

last court for the appreciation of facts and evidence, alongwith law. It is

a significant statutory right provided to the party to get a judicial review

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Neutral Citation No:=2024:PHHC:037885

CR-4574-2023 (O&M) 2 2024:PHHC:037885

of the judgment passed by the court below i.e the trial court. In these

circumstances, efforts shall always be made to decide the first appeals on

merits rather than dismissing them in defaults or on technical ground.

4. Learned counsel representing the petitioner submits that he

is prepared to deposit the amount of the deficient court fee by

31.03.2024.

5. Keeping in view the aforesaid facts, the impugned order

dated 07.07.2022 is set aside subject to the condition that the appellant

shall deposit the ad valorem court fee on or before 31.03.2024. If the

court fee is deposited, the first appeal shall stand restored to its original

number. The respondent shall have liberty to file an application for

recall as the matter has been taken up out of its turn.

6. Disposed of accordingly.

7. All the pending miscellaneous applications, if any, are also

disposed of.

15.03.2024                                      (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




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