BASAWWA Vs. LIMBAWWA

JUDGEMENT

(1.) THIS is a second appeal. It was filed on June 17, 1966. Objections were notified on Aug, 17, 1966. Two of the objections were that appeal was beyond time by seven days and the appeal was not properly stamped.

(2.) THE application for condonation of delay in the filing of the appeal was filed on October 24, 1966, two months after it was notified. But none of the objections in the second appeal were removed. The Registrar, therefore, refused registration on November 18, 1966. Then on 78th day an application was filed saying that objections were removed and the appeal be registered, being application No. 910/1966. But even then the required court fee on the appeal was not paid. The office re-examined this matter and pointed out that court-fee was not paid. But the said application, curiously enough, it was not stated that the court-fee was not paid and that time be granted for payment of court-fees. Though financial difficulty of the appellant was stated to be the cause for non-removal of objections, in the said application, affidavit was not filed along with the application.

(3.) ADDITIONAL Court-fees were paid on June 26, 1967 with an application that the delay be condoned. This application being application No. 1339 is made on June 28, 1967.