RAM SINGH Vs. BUTA SINGH

JUDGEMENT

(1.) THIS appeal comes up on application filed by the respondent under Sec. 151 CPC for dismissing the appeal for non -payment of Court Fee in time and application filed by the appellant under Sec. 149 CPC r/w Section 151 CPC seeking extension of time for payment of Court Fee. The present appeal was filed on 02.01.2006 by the appellant aggrieved against the judgment and decree dt. 21.09.2005 passed by the Additional District Judge, Anoopgarh. Alongwith the appeal, an application under Order XLIV, Rule 1 CPC was filed seeking permission to file the appeal as an indigent person.

(2.) IT appears that the application and the appeal remained pending without any further proceedings in terms of Order XXXIII CPC, whereafter on 13.05.2011 the following order was passed on the application seeking permission to file the appeal as pauper: -

(3.) AN application was filed by the respondent (IA No. 1532/2014), inter -alia, submitting that this Court has been rendered functuous officio to pass any further order regarding payment of Court Fee, the appeal is time barred and as such, the same deserves to be dismissed on the ground of limitation.