KULDIP CHAND Vs. GIAN CHAND

JUDGEMENT

(1.) This revision petition is by the plaintiffs against the order dated 19.10.1994 passed by the learned Sub Judge 1st Class, Amb rejecting the application of the plaintiffs for extension of time to affix the Court fee.

(2.) Briefly stated, the plaintiffs filed a suit, which was registered as Civil Suit No.84 of 1985 in the Court of the learned Sub Judge 1st Class, Court No. 1, Amb. The suit was decreed and it was directed that the plaintiffs shall affix the deficit Court fee of Rs.6.50 paise on the plaint within one month, failing which the suit will be deemed to have been dismissed. The judgment was delivered on 6.2.1991 and, therefore, the Court fee was to be paid by 8.3.1991. The plaintiffs did not pay the above amount within the above period. 9th and 10th March, 1991 were holidays and, therefore, on 11th March, 1991, an application was moved praying that the plaintiffs may be allowed to affix the Court fee, as directed above, which was dismissed by the impugned order.

(3.) Heard the learned counsel for the parties.