RAMESH CHANDRA Vs. SHIVA PRASAD

JUDGEMENT

(1.) -On 29th September, 1986 appellants Ramesh Chandra and others filed Memo of Appeal against Judgment and decree dated 13th May, 1986. The application for copies was filed on 16th May, 1986 and copies were ready and delivered on 1st July, 1986. On the Memo of Appeal Court-fee payable was Rs. 837.50 but only Court-fee of Rs. 37.50 was paid. An application for one month's time to pay the deficient Court-fee was filed and appellants were allowed one month time for making good the deficiency.

(2.) THEN the appellants did not make good the deficiency and the Memo of Appeal remained pending with deficient Court-fee. THEN on 29th July, 1988 respondents no. 1 to 5 filed application praying that appeal be dismissed on ground of deficiency of Court-fee and on ground of limitation.

(3.) AFTER making the above observation their Lordships laid down the law regarding granting of time for making good the deficiency as under :- "(a) Where insufficiency in court-fee is due to a bona fide mistake in calculating the amount payable, or to circumstances beyond the control of the party concerned, for example, robbery, non-availability of court fee stamps etc., the court will, no doubt, use its discretion in favour of the litigant ; and (b) Where a litigant is able to pay full court-fee and yet presents a document insufficiently stamped, either because he expects a compromise in the case or he wants to await the result of some other litigation, or because he negligently failed to bring sufficient money with him for paying the court-fee, or for any similar reason : or where he is guilty of contumacy or mala fides, for example, when he wants to harass the other side by continuing a litigation, time will not be granted."