SEWA SINGH Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) PETITIONER seeks revision of the order dated November 20, 1990 passed by the learned District Judge, Karnal whereby the appeal preferred by the petitioner was dismissed for non-payment of court fee.

(2.) RESPONDENT-BANK filed a sujt against the petitioner and others for the recovery of money. The suit was decreed on August 12, 1988. The defendant-petitioner preferred an appeal. Along with the appeal, an application was moved by him to entertain the appeal on behalf of the petitioner as an indigent person. The petitioner was held to be not an indigent person by order dated September 18, 1990. He was consequently permitted to make up the deficiency in the court fee on or before October 27, 1990. The petitioner filed a revision petition against the order declining his prayer to be declared as an indigent person. Consequently, the time to make up deficiency in court fee was further extended. But it seems that the order passed in the revision petition did not reach the trial Court in lime and the petitioner made another application before the appellate Court for granting further time for the purpose. Learned appellate Court extended the time upto November 20, 1990 but the deficiency in the court fee was still not made good. Consequently, by the order under revision, the petitioner's appeal was dismissed for non-payment of the requisite court fee.

(3.) LEARNED counsel for the petitioner contended that the petitioner is ready and willing to make up the deficiency in court fee and the appeal in the facts of the present case deserves to be decided on merits after the court fee is made good. In the circumstances, it was prayed that at least two weeks' time be granted to the petitioner for the purpose.