Allowed¶20

Ishwar Singh v. Sanjay

Punjab & Haryana HC5 Sept 2025CR/5851/2025

Case brief

AI extract

What is this about?

Ishwar Singh v. Sanjay; Punjab and Haryana High Court; CR-5851-2025 (O&M); civil revision petition; Section 149 CPC; deficient court fee; memorandum of appeal not a nullity; dismissal of appeal for want of court fee; valuable right of appeal; restoration of appeal on payment of court fee; validation of defective memorandum of appeal; Justice Mandeep Pannu; decided 05.09.2025.

What did the court decide?

Impugned order dated 15.07.2022 set aside; petitioner granted liberty to make good the deficiency in court fee within two weeks; upon deposit of the requisite court fee the appeal to be restored to its original number and decided on merits in accordance with law; in default, the dismissal of appeal to stand affirmed; pending applications disposed of. ¶20

Ishwar Singh Vs Sanjay — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the dismissal of the petitioner's appeal for want of court fee was sustainable, and whether the petitioner could be permitted to cure the deficiency in court fee.

¶14

Court's answer

The provisions of Section 149 CPC are enabling in nature and are intended to advance the cause of justice.

¶17

Ratio / Principle

A memorandum of appeal filed with deficient court fee is not a nullity; it remains a defective document which can be validated upon payment of the requisite court fee.

¶17

Key takeaways

Dismissal of the appeal for want of court fee deprived the petitioner of his valuable right of appeal; in the interest of substantial justice, the impugned order dated 15.07.2022 could not be sustained.ratio¶17
The revision petition is allowed and the impugned order dated 15.07.2022 passed by the learned Appellate Court is set aside.ratio¶20
The petitioner is granted liberty to make good the deficiency in court fee within two weeks; upon deposit of the requisite court fee the appeal shall be restored to its original number and decided on merits in accordance with law; in case of default, the dismissal of appeal shall stand affirmed.ratio

Detailed headnote1 paragraphs

Punjab and Haryana High Court, CR-5851-2025 (O&M), decided 05.09.2025 by Hon'ble Ms. Justice Mandeep Pannu. Revision petition by Ishwar Singh against respondent Sanjay challenging the Appellate Court's order dated 15.07.2022 dismissing his appeal for want of court fee. Held: the provisions of Section 149 CPC are enabling in nature and intended to advance the cause of justice; a memorandum of appeal filed with deficient court fee is not a nullity but a defective document capable of validation upon payment of the requisite court fee; dismissal for want of court fee deprived the petitioner of his valuable right of appeal, so the impugned order could not be sustained. Revision petition allowed; impugned order set aside; petitioner granted two weeks to deposit the deficient court fee, upon which the appeal is to be restored to its original number and decided on merits; in default, the dismissal stands affirmed. Pending applications disposed of.

¶1

CR-5851-2025 (O&M)

¶2

- 1 -

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

-.-

¶5

CR-5851-2025 (O&M) Decided on :- 05.09.2025

¶6

Ishwar Singh ....Petitioner

¶7

VERSUS

¶8

Sanjay ....Respondent

¶9

CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU

¶10

Present: M r . M.S.Kundu, Advocate for the p etitioner.

¶11

-.-

¶12

MANDEEP PANNU J.

¶13

Pr e sent revision petition has bee n directed against the order d a ted 15.07.2022 pas s ed by the learned Appellate Co u rt whereby the appeal filed by the

¶14

petitioner was d ismissed for want of court fee.

¶15

D u ring the hearing of the present r evision petition, the petitioner has given an under t aking before this Court that he is ready and willing to furnish the requisite court f ee before the lower Appellate C o urt.

¶16

I h a ve considered the submissions m ade by the learned counsel for the petitioner.

¶17

It is well settled that the provisio n s of Section 149 CPC are enab l ing in nature and a re intended to advance the ca u se of justice. A memorandu m of appeal filed w i th deficient court fee is not a nullity; it remains a defec t ive document whic h can be validated upon paymen t of the requisite court fee. 5. In t he present case, dismissal of t h e appeal for want of court fee has the effect of de p riving the petitioner of his val u able right of appeal. In the inte r est of substantial j u stice, the impugned order dated 15.07.2022 cannot be sustained.

¶18

TRIPTI SAINI 2025.09.09 10:19 I attest to the accuracy and integrity of this document

¶19

CR-5851-2025 (O&M) - 2 -

¶20

Ac c ordingly, the revision petitio n is allowed. The impugned o r der dated 15.07.20 2 2 passed by the learned Appel l ate Court is hereby set aside. T he petitioner is gr a nted liberty to make good th e deficiency in court fee within a period of two w eeks from the date of receipt of copy of this order. Upon deposit of the requisite co u rt fee within the aforesaid peri o d, the appeal shall be restored t o its original numbe r and decided on merits in acco r dance with law. In case of def a ult, the dismissal o f appeal shall stand affirmed.

¶21

Pe n ding application(s), if any, also stand disposed of.

¶22

September 05, 2 025 (MANDEEP PANNU) tripti JUDGE Wheth e r speaking/non-speaking : Spea k ing Wheth e r reportable : Yes/ N o

¶23

TRIPTI SAINI 2025.09.09 10:19 I attest to the accuracy and integrity of this document

Ishwar Singh v. Sanjay

Case brief

What is this about?

What did the court decide?

Ishwar Singh v. Sanjay

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mukhtiar Kaur Vs Sadhu Singh

Muktiar Kaur Vs Sadhu Singh

Mukhtiar Kaur Vs Balbir Singh

Attar Singh etc. Vs Jagan Nath etc.

Nachhattar Kaur and Others Vs Harcharan Singh and Others

Kitabo Devi and Others Vs Shanti Devi and Others