AMAR KAUR Vs. IQBAL SINGH

JUDGEMENT

(1.) This appeal under clause 10 of the Letters Patent is directed against the order of a learned Single Judge passed on Civil Misc. No. 2618-C of 1970, refusing to extend time for making up the deficiency in court-fee on the memorandum of appeal and dismissing the appeal as barred by time. The learned Single Judge at the same time granted leave to file an appeal under clause 10 of the Letters Patent.

(2.) The appeal (R.S.A. 1390 of 1970) was filed on July 13, 1970, the date on which the High Court reopened after summer vacation. That was the last day of limitation for filing the appeal. The memorandum of appeal was returned to the appellant's counsel on July 29, 1970, making the following queries :-

(3.) The learned Single Judge decided the case on the footing that the learned counsel for the appellant had to satisfy the Court that he acted in "good faith" as defined in Section 2(7) of the Limitation Act while filing the appeal with deficient court-fee. With very great respect to the learned Judge, we are of the opinion that view was erroneous in law. Section 149 of the Code of Civil Procedure, under which the application was made, reads as under :-