C.R. No.7421 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.7421 of 2009 Date of Decision: 28.01.2010. Surjit Singh and others .……Petitioners Versus Parminder Kaur and others ……Respondents Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Ms. Vibha, Advocate for Mr. P. N. Makani, Advocate for the petitioners. Mr. Vivek Goel, Advocate for respondent Nos.1 to 3. L. N. MITTAL, J (ORAL) Suit filed by respondent Nos.1 to 3 against petitioners and proforma respondent Nos.4 and 5 has been decreed by trial Court. Only petitioner Nos.1 and 2 (defendant Nos.1 and 2) filed appeal against the judgment and decree of the trial Court. Along with appeal, petitioner Nos.1 and 2 filed application under Section 5 of the Limitation Act for condonation of delay in filing the appeal. Issues were framed for deciding the said application. Petitioner Nos.1 and 2 also moved another application along with appeal for permission to file appeal without affixing requisite Court fee as the same was not available on that date. Learned Additional District Judge, Faridkot vide impugned order dated 24.11.2009 (Annexure P-5) has dismissed the application for condonation of delay in filing the appeal as the petitioner Nos.1 and 2 failed to affix the requisite Court fee inspite of C.R. No.7421 of 2009 -2- opportunity i.e since filing of the appeal on 24.09.2009 till passing of the impugned order dated 24.11.2009. I have heard learned counsel for the parties and perused the case file. Learned counsel for respondent Nos.1 to 3 states that the petitioner Nos.1 and 2 may be permitted to affix the requisite Court fee within a reasonable time on payment of costs and thereupon, appellate Court may be directed to decide the application for condonation of delay in filing the appeal in accordance with law. In view of the aforesaid concession, the instant revision petition is disposed by setting aside impugned order dated 24.11.2009 (Annexure P-5) passed by learned Additional District Judge, Faridkot and petitioner Nos.1 and 2 are permitted to affix the requisite Court fee on the appeal filed by them before the lower appellate Court within a period of one month from today, subject to payment of Rs.10000/- as costs precedent to the plaintiffs/respondent Nos.1 to 3. If the requisite Court fee is not affixed on the appeal within one month from today or costs amount is not paid within the said period, the instant revision petition shall be deemed to have been dismissed. However, on affixation of requisite Court fee and payment of costs as aforesaid within stipulated period, the appellate Court shall proceed to decide the application for condonation of delay in filing the appeal in accordance with law. ( L. N. MITTAL ) JUDGE 28.01.2010 A. Kaundal