NAZAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) AFTER hearing learned counsel for the parties, I am not satisfied that sufficient cause has been Shown to allow more time for making up the deficiency in the Court fee.

(2.) INITIALLY the appellants had affixed Court fee of Rs. 4289/- on the RFA which was allowed in the year 1981. An application was made in the year 1985 (C. M. No. 1285-CI of 1985) for allowing time for making up the deficiency in the Court fee as the compensation enhanced by this Court was more than for what the court fee had earlier been affixed. Though an application was made in the year 1985, yet it came up for final hearing on 19. 4. 1989. Two months time was granted to the appellants to make up the deficiency in the court fee. The deficiency in the Court fee was not made good within the stipulated period.

(3.) THE appellants were given sufficient time inasmuch as though their appeal was allowed in the year 1981, they moved an application for allowing to make up the deficiency in the year 1985 and ultimately in the year 1989 i. e. after 8 years of the allowing the appeal they were given two months time to make up the deficiency in the Court fee which they failed to do. If the appellants had shifted their residence, it was their duty to inform the counsel or should have found out as to what was the decision on the application which was moved in the year 1985. If they did not inform the counsel of the change in their address, they must suffer. I do not consider as observed in the opening paragraph that any sufficient cause has been shown to allow more time for making up the deficiency in the court fee. Dismissed.