HANUMANTHAPPA Vs. LAKSHMAMMA

JUDGEMENT

(1.) THE appellant being aggrieved by the judgment and decree of the Civil Judge (Jr. Dn.) Bhadravathi passed in O.S. No. 15/92 filed this appeal before this Court. The trial Court dismissed the suit filed for partition. However, directed the payment of deficit Court fee of Rs. 4,15,000/- granting three months time. In this appeal, the appellant however confined his relief to prayers A, D and H in the plaint. Accordingly, the appellant was directed to pay Court fee. On the said reliefs despite liberal grant of time, the appellant did not make goods the Court fee. Therefore, on 24.10.94 this Court dismissed the appeal for non-prosecution for non-payment of Court fee. I.A. No. II came to be filed by the appellant subsequent to the dismissal seeking recall of the order of dismissal dated 24.10.94 and submitted that the appellant is now ready and willing to pay deficit Court fee in accordance with law. It is stated that the appellant on account of poverty was not able to pay deficit Court fee before this Court. Now he has raised necessary funds to pay deficit Court fee. Thus requests for recall of the dismissal order.

(2.) THE Counsel for the appellant relied on the decision in Mahanth Ram Das v. Gangadas, AIR 1961 SC 882 wherein it is held thus :

(3.) IN the instant case, even before the notices were ordered to the other side, several chances were granted to the appellant to pay the requisite Court fee. Ultimately on 24.10.1994 the appeal was dismissed nor non-payment of Court fee. The trial Court while dismissing the suit of the plaintiff appellant has directed payment of Court fee of Rs. 4,15,000/- granting three months time. Even the said Court fee is not made good. By virtue of the dismissal of the appeal a valuable right has accrued to the defendant/respondents, although, they have not made any appearance before the Court.