APPASAHEB SHATTAPPA ADKE Vs. ANNAPURNA DEVI

JUDGEMENT

(1.) The request in I. A. No. 1 is for condonation of delay in refiling: I. A. No. 1 has been filed on 16-2-1984. The appeal has been presented on 12-12-1983. The request in I. A. No. 2 is also for condonation of delay in refiling the appeal. This has been filed on 2-7-1984. I. A. No. 3 also has been filed on 2-7-1984 with a request for extension of time for payment of deficit Court fee. I.As. 2 and 3 are supported by the affidavit of Sri Shivraj Patil, the learned Advocate appearing on behalf of the appellant. I.A. No. 1 is supported by the affidavit of the clerk of the learned Advocate.

(2.) Examination of the records and scrutiny of the report of the Appeal Examiner disclose, that the appeal was presented on 12-12-1983, the memorandum of appeal being incomplete, as there there no grounds of appeal, it was not even signed by the party or the learned Advocate, and a Court fee of Rs. 10/- only was affixed. In regard to the remaining aspects, like furnishing of the certified copies of the judgment and decree, the same had been done. The decree plainly showed that the Court fee payable was Rs. 3,800/-. It is to be remembered that as against this amount, only Rs. 10/- Court fee had been paid on the memorandum of appeal. The Appeal Examiner submitted his report in the required proforma on 13-12-1983 to the Assistant Registrar, to whom the powers of the Registrar, have been delegated as per Rule 3 of Chapter IV of the High Court of Karnataka Rules, 1959 (hereinafter referred to as the Rules). The objections raised were that the appeal memo was incomplete and the Court fee paid was deficit. The papers were returned for doing the needful forthwith. It was on 16-2-1984 that the papers were refiled with I.A. No.l. I.A. No.1 was duly stamped with a Court fee of Rs.2/-. Thereafter, the office returned the papers on 24-2-1984 pointing out that deficit Court fee of Rs.3,790/-, which had been pointed out on the earlier occasion namely while returning the papers on 13-12-1983, had not been made good. The papers were refiled on 6-4-1984 making good the deficit Court fee of Rs. 3,790/-. The office raised another objection by 18-4-1984 and returned the papers for making good the additional deficit Court fee to the tune of Rs. 140/-, on the ground that Court fee of Rs. 70/- had been paid less in the Trial Court and also in this Court. It was on 29-5-1984 that the papers were refiled making good the deficit Court fee of Rs. 140/. As already pointed out, I. As. 2 and 3 have been filed on 2-7-1984.

(3.) There is no request in I.A. No. 1 for grant of time to pay deficit Court fee of Rs. 3790/-. The only request, as already pointed out, is to condone the delay in refiling the papers. The delay, that is sought to be condoned in I. A. No. 1, is what has occurred between 13-12-1983 and 6-2-1984.