SATNAM SINGH Vs. PARKASH CHAND

JUDGEMENT

(1.) IN this revision petition, the defendant -petitioner has challenged the order dated 18.08.2008 passed by the District Judge, Sangrur, whereby his appeal was rejected on account of non -affixation of court fee on the memorandum of appeal.

(2.) BRIEFLY stated, the facts of the case are that a decree for recovery of Rs. 7,00,000/ -along with interest at the rate of 1% per month from the date of execution of pronote and receipt, i.e. 7.11.1999, till 22.04.2006 along with future interest at the rate of 6% per annum from the date of decree till its realization with proportionate costs was passed against the defendant -petitioner.

(3.) LEARNED Counsel for the petitioner has referred to Section 149 of the Code of Civil Procedure (in short "the Code") and submitted that due to paucity of funds, the petitioner could not deposit the court fee earlier. He further states that in case IS days' time from today is granted, the petitioner shall deposit the requisite court fee before the lower appellate Court.