GIAN CHAND ETC. Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) These are two civil miscellaneous petitions (No. 665 and 666 of 1973) which emerge out of a regular first appeal instituted by Gian Chand and others against the Union of India. The dispute relates to a proceeding under the Land Acquisition Act of which a reference was made to the District Judge under Sec. 18 of the Act. The judgment of the learned District Judge was pronounced on 25 -7 -1972. Application for copy was given on 27 -7 -1972. Although the copy was ready on 23 -1 -1973, but the same was despatched by post on 27 -6 -1973. Thereafter on 24 -9 -1973 the present appeal was filed by Gian Chand and others.

(2.) On the memorandum of appeal was affixed a Court -fee stamp of Rs. 5.25 although stamp worth Rs. 2002.50 was required. At once two objections have been taken that the memorandum of appeal was deficient in Court -fee and that the appeal was also time barred because the period of 90 days expired long ago if computed from the day the judgment was delivered by the learned District Judge. Accordingly Gian Chand and others filed C.M.P. 665 of 1973 which is an application under Sec. 149 of the Civil P. Code for extension of time for making up the deficiency of Court -fee, and C.M.P. 666 of 1973 an application under Ss. 5 and 12 of the Limitation Act for extending the period of limitation for a just and sufficient cause. I propose to deal with these applications one after the other.

(3.) The application under Sec. 149 of the Civil P. Code is governed by the following circumstances. According to the affidavit filed by one Sansar Chand Appellant, Shri Chhabil Dass, Advocate, was engaged by them and on 17 -9 -1973 the papers were despatched to him by another Advocate of Chamba where the Appellants reside. On 19 -9 -1973 Shri Chhabil Dass, Advocate, received the papers, but the Court -fee was deficient. Accordingly he sent back the information to the Advocate at Chamba and Sansar Chand Appellant started with the requisite money and could reach Simla only on the evening of 23 -9 -1973 which was Sunday. The Court -fee stamp of the value of Rs. 2002.50 could not be available with the Stamp -vendor. As such the treasury was required to be approached for purchasing the stamp of that value. This was not possible to be accomplished on 24 -9 -1973 and therefore the memorandum of appeal was presented on that day with deficient Court -fee stamp. According to the Appellants, the Court should exercise discretion in their favour and allow them to make up the deficiency under Sec. 149.