RITESH KUMAR Vs. CHANDRAKANTA

JUDGEMENT

(1.) These two appeals were filed in this Court on 19-12-2005 without payment of any Court-fees. The suit of the plaintiff-respondent for cancellation of the sale deed in favour of the appellant-defendant was decreed by the trial Court on 14-9-2005 holding that the sale deed executed by one Shri Sumer Singh on 16-12-2000 in favour of the appellant-defendant, Ritesh Kumar, was liable to be cancelled as the power of attorney alleged to have been executed by the plaintiff, Smt. Chandra Kanta. in favour of Shri Sumer Singh, was found to be "farji" or "forged".

(2.) The office raised an objection that since no application under Section 149 of C. P. C. has been filed nor any Court-fees has been paid, the limitation for filing of the appeals would be computed only after filing (depositing) of the Court-fees.

(3.) The appellant deposited the Court fees of Rs. 15,065/- as per the valuation of the suit along with the application under Section 149 of C. P. C. on 8-9-2006. The appellant also filed another application under Section 148 of C. P. C. in this Court on 11-5-2006 seeking extension or enlargement of the time for payment of required Court fees. However, at the time of arguments, learned counsel for the appellant, Mr. N. K. Tiwari, did not press the said application under Section 148 of C. P. C. Accordingly, the said application under Section 148 of C. P. C. is rejected as not pressed.