BISHAMBER NATH Vs. JOGINDER PAL SOOD

JUDGEMENT

(1.) This appeal is directed against the order dated 4-11-2000 passed by learned Additional District Judge, Shimla in Civil Suit No. 32-S of 1995/96, titled Bishamber Nath v. Joginder Pal Sood and Ors.

(2.) Record of the case shows that the suit was filed without affixing Court fees as required under law. When the matter was being heard before the trial Court on 19-9-2000, it was conceded on behalf of the Appellant-Plaintiff that this position is correct and he would make good deficiency in Court fee. Time was allowed to him to do the needful on or before 23-10-2000. Requisite Court fee was not affixed.

(3.) An application was moved on 2-11-2000 by the Plaintiff wherein seven days time was prayed for making good the defeciency in terms of the order of the court, dated 23-9-2000. Trial Court on examination of provision of Order VII) of CPC found that ground of exceptional nature was not made out for extension of time, as such prayer for extension was declined.