BISHNO Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Section 148 of the Code of Civil Procedure by the applicants-appellants praying for extension of time for deposit of Court fee.

(2.) L.P.A. No. 665 of 1985 was decided on 31.10.1996. Along with the said L.P.A. Civil Miscellaneous Application No. 550 of 1996 filed by the applicants-appellants was allowed and they were given four weeks time to make up the deficiency in the Court fee. It has been stated in the present application that the applicants applied for certified copy of the order on 1.11.1996 but the same was not supplied to them till the time they filed the present application i.e. 11.12.1996 and that without knowing the order passed in LPA No. 665 of 1985 on 31.10.1996, they were in doubt about the basis for calculating the Court fee. It has been further stated that according to the decision in L.P.A. No. 428 of 1985 rendered on 12.12.1991, the compensation was liable to be calculated at the rate of Rs. 16/- per sq. yard. By the time the file was inspected and the order dated 31.10.1996 passed in L.P.A. No. 665 of 1985 was noted by the applicants, the period of four weeks allowed to make up the deficiency in the Court fee vide order dated 31.10.1996 passed in Civil Miscellaneous Application No. 550 of 1996 had expired. Accordingly, the applicants/appellants have prayed that they may be granted two weeks further time to deposit the additional Court fee.

(3.) Notice of this application was given to the opposite side.