FAO (Ord.) 317 of 2007. 28.7.2008 Present: Mr. Vinay Thakur, counsel for the appellant. Mr. G.D.Verma, Sr. Advocate, with Mr. Romesh Verma, counsel for the respondents. The appellant is aggrieved by the order passed by the learned District Judge on 16.6.2007 dismissing the application filed by the appellant for readmission of his appeal. The allegations made were that the appellant had not filed process fee for service of respondents 1 to 14. It was claimed in the application that this was not an act of deliberation but was bonafide on the grounds as set out therein. This application was opposed by the respondents and the appeal was dismissed for non prosecution. An application under Order 41 Rule 19 of the Code of Civil Procedure was filed for restoration of the appeal. The learned Court while considering the provisions of the Code of Civil Procedure holds that the provisions of Order 41 Rule 19 are not applicable. I have heard the learned counsel for the parties and have gone through the record of the case. I am not satisfied that the learned Court below was correct in dismissing the application in a summary manner. Without entering into controversy regarding -2- applicability of the provisions, the learned Court should have adopted a justice oriented approach and not a technical approach and should have considered the matter on its merits. The order is extremely terse and does not touch upon the controversy between the parties. On hearing the parties, I am satisfied that the delay in filing the process fee is bonafide and that one chance should be given to the appellant herein to effect service on the respondents. This appeal is allowed. This will be subject to the appellant paying Rs.5000/- as costs to the respondents herein on the first day of hearing before the learned appellate Court. This appeal is accordingly allowed. Parties to appear before the learned trial Court on 28.8.2008. Needless to add that the respondents herein are properly represented and shall appear through their counsel before the appellate Court on the date fixed. The appeal shall be readmitted by the learned appellate Court on its file and the matter shall proceed thereafter. It is clarified that in case costs are not paid, the order challenged in this appeal shall revive. The appeal is disposed of. There shall be no order as to costs. July 28, 2008 (PC). (Dev Darshan Sud), J.