(O&M) Dilbagh @Vipan And ANR. v. Bhagat Singh And ORS.

RSA-1404-2009 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Regular Second Appeal No.1404 of 2009 (O&M) Date of Decision: April 05, 2019.

Dilbagh @ Vipan and another ..........APPELLANT(s).

VERSUS

Bhagat Singh and others ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Brijender Kaushik, Advocate for the appellant (s).

Mr. R.K. Gupta, Advocate for the respondents.

******* SURINDER GUPTA, J.

In appeal filed by the appellants before the first Appellate Court, the appellants were directed to pay the court fee vide order dated 28.04.2008. They were allowed two adjournments to pay the court fee and thereafter, they came up with application for permission to sue as indigent person. Learned First Appellate Court declined his application and dismissed the appeal.

The short contention put forth by learned counsel for the appellants is that after the dismissal of the application seeking permission to sue as indigent person, the appellants should have been allowed appropriate time to pay the court fee.

Learned counsel for respondents argues that he has no SACHIN MEHTA 2019.04.08 14:47 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

RSA-1404-2009 -2objection if the time is allowed to the appellants to pay the court fee, however, the permission to proceed further be allowed if they pay the court fee as per order of the first Appellate Court. As the only issue put forth is the dismissal of appeal without allowing the opportunity to the appellants to pay court fee as per order dated 28.04.2008 passed by the first Appellate Court, this appeal is accepted. The appellants are allowed time of 30 days from today to pay the court fee. On the payment of court fee, their appeal shall be taken on board by the first Appellate Court and decided on merits in accordance with law. Parties are directed to appear before the first Appellate Court/Successor Court on 23.04.2019 on which date, the file of the appeal be taken on board and shall be proceeded further as ordered above. ( SURINDER GUPTA ) April 05, 2019.

JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2019.04.08 14:47 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH