DBSAW No.1705/2008(Defect) Madan Lal Vs. Sarvdeshik Arya Pratinidhi Sabha & Anr. 1 D.B. Civil Special Appeal No.1705/2008(Defect) Madan Lal vs Sarvdeshik Arya Pratinidhi Sabha & Anr. DATE OF ORDER : -29.5.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. CHAND MAL TOTLA, J. Mr. Ashok Chhangani, for the appellant. <><><> Heard learned counsel for the appellant. Th office has raised defect of insufficient court fees has been paid by the appellant whereas this special appeal has been preferred under Rule 134 of the Rajasthan High Court Rules on the ground that the appellant's second appeal was dismissed merely on the ground that he did not submit the requisite process fees and summon, which according to learned counsel for the appellant was a wrong objection because of the reason that according to the appellant, he submitted proper notices and process fees. It is submitted that the appeal was not decided on merit. It is also submitted that for special appeal fixed court fees of Rs.100/- is payable and not ad-voleram court fees or the same fees as payable in regular appeal. It is also submitted that since the appeal has not been decided on merit, therefore, in fact, the appellant cannot challenge the judgment and cannot seek any decision on merit of his second appeal in this special appeal, therefore also, he is not liable DBSAW No.1705/2008(Defect) Madan Lal Vs. Sarvdeshik Arya Pratinidhi Sabha & Anr. 2 to pay ad-voleram court fees. In view of the argument of learned counsel for the appellant, the office objection no.3 is overruled. It appears that the second appeal of the appellant having no.227/2007 was dismissed on account of not submitting the requisite obviously notice and PF. The appeal was of the year 2007 and was dismissed on 25th Sept., 2007 itself. In view of the above reasons, since notices were not served upon the respondents in the second appeal and they did not appear and the appeal of the appellant was dismissed for not complying the order of this Court of filing requisite PF and notices, therefore, we deem it proper to grant more time to the appellant for filing the requisites. In view of the above reasons, the order dated 25th Sept., 2007 is set aside, the SBCSA No.227/2007 is restored to its original number and appellant may now file requisite process fees and the proper notices within a period of four weeks from today. The appeal of the appellant is allowed accordingly. (CHAND MAL TOTLA), J. (PRAKASH TATIA), J. c.p.Goyal/-