The High Court at Allahabad, Lucknow Bench dismissed a first appeal filed in 1997 for lack of requisite court fees. Despite counsel's opportunity to rectify the defect, the appellant failed to make the payment, leading to the appeal's dismissal.
The appeal was dismissed for want of court fees.
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Neutral Citation No. - 2023:AHC-LKO:58934
Court No. - 19
Case :- FIRST APPEAL DEFECTIVE No. - 36 of 1997
Appellant :- Charan Dayal Nigam Respondent :- State Of U.P. Through Collector Counsel for Appellant :- S.N.Srivastava
Hon'ble Jaspreet Singh,J.
The instant first appeal is of the year 1997 which was filed and registered as a defective appeal as the requisite Court fees was not paid.
There is an office report dated 15.01.1998 which indicates that the learned counsel for the appellant did not make good the deficiency of the Court fee in terms of the Court's order dated 17.12.1997.
This Court further finds that at the time of institution of the appeal in the year 1997, the appellant was about 73 years of age. Since the Court fee has not been made good and there is report regarding the deficiency and despite the time had already been granted to the learned counsel for the appellant, the same has not been made and nor there is any application seeking extension of time.
Accordingly, exercising the powers pertaining to Order VII Rule 11 C.P.C. the appeal shall stands dismissed for want of Court fees.
Order Date :- 13.9.2023 S. Shivhare
Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to allow the appeal despite the failure to pay court fees.
1 provisions across 1 enactments
Charan Dayal Nigam
State Of U.P. Through Collector
Shashank Shivhare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
