CR No.5355 of 2010 Sunder Lal V/s Gopal Dass and others Present: Mr.N.S.Shekhawat, Advocate for the petitioner. Mr.Sanjay Mittal, Advocate for the respondent. ***** The short point that arises for adjudication is whether the petitioner should be granted time to deposit the Local Commissioner's fee of Rs.1500/-. Vide order dated 19.05.2010, the Additional Civil Judge, Senior Division, Rewari, passed an order appointing a Local Commissioner on payment of Rs.1500/- to be deposited within three days, failing which it was ordered that the application would be deemed to have been dismissed. Counsel for the petitioner submits that the petitioner was not aware of the later part of the order and therefore, could not deposit the fee within time. It is prayed that time to deposit the fee may be extended. Counsel for the respondent submits that the petitioner did not deposit the fee as he is in unauthorised occupation of a passage and therefore wants to delay the decision of the suit. I have heard counsel for the parties and considered the request made by counsel for the petitioner. The error committed by the petitioner and/or his counsel in failing to deposit the Local Commissioner's fee, deserves to be condoned as there is no apparent malafide in depositing the fee. In this view of the matter, the revision is allowed, the petitioner is granted 15 day's time to deposit the fee of the Local Commissioner from the date of receipt of a certified copy of this order who shall carry out his commission 15 days thereafter, after serving an advance notice on the parties concerned. 22.03.2011 [RAJIVE BHALLA] shamsher JUDGE