SUDESH AND ORS. Vs. SANTOSH AND ORS.

JUDGEMENT

(1.) Prayer in the instant application is for early hearing of the appeal on behalf of the applicant/respondent No. 1, on the ground that applicant/respondent No. 1 has no objection, in case the application is allowed.

(2.) It is the said judgment dated 09.09.2008 of the lower Appellate Court, which has been assailed in the present regular second appeal on the ground that lower Appellate Court has committed illegality and perversity in not following the procedure which is known to the law. It has been submitted that plaintiff-appellants ought to have been given an opportunity to pay the Court fee, even if, the Court had not agreed with the averments made in the application filed under Order 44 Rule 1 of the C.P.C.

(3.) It is a matter of record that the present regular second appeal has been filed after affixing the Court fee. Since the lower Appellate Court has not followed the procedure as prescribed in law, it would not be appropriate to keep the appeal pending for adjudication for years together, particularly when the defendant-respondent No. 1 has conceded to the aforementioned legal submission of the plaintiffs-appellants.