MANI Vs. SAMPOORNAMMAL

JUDGEMENT

(1.) The revision petitioner/plaintiff filed a suit in O.S. No. 87 of 2004 before the learned District Munsif Court, Gudiyatham, for specific performance against the respondent/defendant herein.

(2.) The said suit was decreed by judgment and decree dated 31.12.2004 as against the same, the respondent filed an appeal on 15.04.2005. According to the revision petitioner, the copy was delivered to the defendant/respondent herein on 18.03.2005 and the last date for filing the appeal was on 18.04.2005. The respondent herein allowed to pay Court fee of Rs. 6,038/-, but he presented the appeal with the Court fee of Rs. 50/- only. The appeal filed by the respondent herein was returned on 20.04.2005 for payment of deficit Court fee. The lower Court has granted one month time for re-presenting the appeal with proper Court fee. In the meantime, the revision petitioner has filed the Execution Petition in E.P.No. 135 of 2015 for execution of sale deed as per the decree granted in his favour on 15.07.2005 before the trial Court. The respondent herein has participated in the execution proceedings and the trial Court also executed sale deed and the same was registered on 18.11.2006 in favour of the revision petitioner. Hence, the execution petition was closed on 09.10.2007.

(3.) When the facts are being so, the appeal filed by the respondent herein was re-presented on 01.06.2010 without payment of Court fee and no condone delay petition was filed to re-present the appeal. Hence, it was returned on 10.06.2010 for complying with the previous return. Thereafter, the respondent herein again re-presented the appeal on 25.06.2010 with payment of Court fee (with faked Court fee stamps). Along with the appeal, he filed an affidavit for delay of 16 days in re-presenting the appeal. The said appeal was condoned mechanically without ordering any notice to the revision petitioner. Further, the appeal was mentioned by the respondent herein is not correct. However, the lower Appellate Court namely the learned Subordinate Court, Gudiyatham has numbered the appeal in A.S. No. 36 of 2010.