COLLECTOR LAND ACQUISITION Vs. DINA NATH MAHAJAN

JUDGEMENT

(1.) IN this appeal filed by the Collector, Land Acquisition Jammu, and the State of Jammu and Kashmir, against the judgment and decree of the District Judge, Jammu, in file No. 13 dated 26.9.74, an application has been filed by the appellants under S. 149 of the Civil P. C. for condonation of delay in paying the deficit court -fees. The application has been opposed by the respondents.

(2.) BEFORE considering the question of condition of delay in paying the deficit court -fees, a few relevant facts have to be stated.

(3.) THE judgment and decree of the District Judge Jammu was passed on 26.9.74. The last date for filing the appeal against the said judgment and decree was 3.1.75. The appeal was actually filed on 23.12.74, i. e. well within the time for filing the appeal, but the appeal was filed with a court -fees of Rs. 460/ - whereas the proper court fees payable was Rs. 2952.50. The Registry of this court made an endorsement on the appeal on 24.12.74 pointing out the deficiency in the court -fees and asking the counsel for the appellants to make up the deficiency. No date was however fixed by the Registry within which the deficit court -fee had to be paid. The deficiency was not made uptil 24.2.75 on which date the Registry again made the following note on the memorandum of appeal : "Court -fee in the appeal has not been paid by the counsel for the appellant as yet. Issue notice to the counsel for the appellant asking him to make good the deficiency in the court -fee at once Put up before the D R. on 10.3.75." On 10.3.75 the Registry again made the following .note : "Counsel for the appellant is present. He seeks time to make up the deficiency in the court -fee. Put up tomorrow. Then the following not appears on 11.3.75. "Counsel for the appellant is present. He has made good the deficiency in the court fee, i. e. Rs. 2492 only. Now the court fee is correct. Put up for admission."