PIARA SINGH Vs. AJMER SINGH

JUDGEMENT

(1.) Piara Singh, who was appellant no.1 before the Lower appellate Court, has filed this revision petition under Section115 of the Code of Civil Procedure (CPC) assailing orders dated 6.8.2012 passed by the lower Appellate Court thereby dismissing application filed by the petitioner and proforma respondent no.20 (appellants before the lower Appellate Court ) for permission to deposit the court fee for the first appeal and consequently thereby also rejecting the appeal due to insufficient court fee.

(2.) Suit filed by respondent no1-plaintiff against the petitioner and proforma respondents no. 2 to 20 was decreed by the trial Court vide judgment and decree dated 18.9.2008 (Annexure P-2).

(3.) Defendant no.1-Piara Singh-petitioner and defendant no. 4-Bikkar Singh-proforma respondent no.20 filed first appeal against the said judgment and decree. During the pendency of the appeal, the said appellants filed application Annexure P-1 for permission to deposit the requisite court fee for the first appeal alleging that proper court fee could not be affixed on the appeal while filing it due to oversight. It was also pleaded that even official of the Court had made report (before issuance of notice to the opposite party) that proper court fee had been affixed.