KHAN MOHAMMAD Vs. RAHISAN

JUDGEMENT

(1.) THE present revision petition has been filed under Section 115 CPC challenging order dated 30.07.2014 passed by the District Judge, Mewat whereby, on account of non -deposit of Court fees as per orders of this Court in C.R. No. 3974 of 2014 titled Khan Mohammad and another vs. Rahisan, the District Judge assigned the appeal filed to the record room and did not admit the same to be heard on merits.

(2.) THE petitioners had earlier approached this Court in the above said revision petition since the appeal filed by them had been dismissed on account of the Court fees remaining unpaid as per opportunity given. This Court directed that the Court fees be paid by 30.07.2014 and set aside the order dated 18.02.2014 passed by the District Judge, Mewat and time was enlarged upto 30.07.2014 to make good the Court fees, failing which, the impugned order would stand revived. Instead of complying with the order immediately, the court fee was not deposited and when the file was taken up on 30.07.2014 the counsel expressed his inability to deposit the amount on account of the fact that it had been declared as a holiday on account of Teej festival. In such circumstances, the impugned order has been passed.

(3.) THOUGH , no fault can be found as such in the impugned order since this Court had itself observed that the earlier order would come into force but counsel has rightly pointed out that he was handicapped in view of the fact that on 29.07.2014, there was a holiday on account of Eid -Ul -Fitr and thus, the Government offices, including the Courts were closed. On the next day when appearance was put in, stamp papers could not be purchased and attached with the appeal, leading to the passing of the order.