UNION OF INDIA Vs. ANANADI LAL

JUDGEMENT

(1.) THIS Review Petition has been moved against my order dated 9.02.1990 passed in Civil Revision Petition No.680/89 which was filed against the order of the learned Munsiff, Ratangarh dated 25.11.89, directing the decree-holder-petitioner to first pay court-fee of Rs. 38,485/-. By order dated 9.02.1990, this Court directed the Executing Court (Munsiff Ratangarh) to give facility of the payment of the said court-fee in instalments to the decree-holder.

(2.) ALONGWITH the Review Petition, an application under Section 5, Limitation Act has been moved. An affidavit has been filed in its support. Neither any reply nor any counter-affidavit has been filed by the non-petitioner Anandi Lal. The affidavit of Shanker Lal Panwar, Divisional Personnel Officer, Northern Railway, Bikaner has gone unchallenged and uncontroverted. As such there is no option but to believe it. For the reasons mentioned in the application, the delay in filing Review Petition is condoned.

(3.) THE decree-holder Anandi Lal will have to file a fresh application before the Central Administrative Tribunal for the execution of the decree obtained by him. Rule 7, Central Administrative Tribunals (Procedure) Rules, 1985 prescribes fixed court-fee of Rs. 50/- for an application moved before the Tribunal. Section 37 of the Act provides that the provisions of the Act shall have overriding effect. As such there is no question of the Union of India pressing for the payment of court-fee of Rs. 38.485/- and the Tribunal directing so. It is hoped and trusted that the Tribunal will condone the delay under Section 21(3) of the Act in filing application for the execution of the decree, if filed within three months.