HARIDASI DEBI Vs. SAJANI MOHAN BATABYAL

JUDGEMENT

(1.) This Rule has been issued, to show cause why an appeal which was dismissed for default of payment of the initial deposit should not be restored, the said dismissal being set aside. Illness and poverty have been pleaded as grounds for the default.

(2.) The application on which the Rule has been issued was made on a court-fee of Rs. 2. A question therefore arose as to whether such an application is competent, or whether in view of the Full Bench decision of this Court in the case of Fatimanneesa V/s. Deoki Pershad [1897] 24 Cal.350 the application should not be one for review. In many cases till recently the rule laid down by the aforesaid Pull Bench decision was held to apply. But in some cases, of late applications like the present one have been entertained. And on a reference made by the taxing officer under Section 5, Court-fees Act, C.C. Ghose, Ag. C.J., held that it is sufficient if the application is stamped with a court-fee of Rs. 2 only.

(3.) We have heard the learned advocates for the parties as also Mr. Nasim Ali who, at our request appeared on behalf of the Government and was good enough to give us his assistance.