RSA 313 of 2008. 1.4.2009 Present: Mr. G.C.Gupta, Sr. Advocate, with Mr. Deepak Gupta, counsel for the appellant. Mr. R.P.Singh, counsel for the respondent. The plaintiff is in appeal against the order passed by the learned District Judge dismissing the appeal filed by the plaintiff against the order of the learned trial Court refusing permission to extend time for filing Court fee as directed by it. One of the reasons cited by the plaintiff for not affixing court fee within the time allowed by the court was that the presiding officer was transferred on 27.2.2006 and joined in the last week of March, 2006 and as such it was not possible for the plaintiff to have affixed Court fee. Both the courts have rightly held that this is not a valid ground for not filing / affixing the court fee on the plaint as directed. From the record, I find that another averment has been made by the plaintiff to the following effect: “ 4. That the applicant fell ill thereafter and could not contact his counsel and could not affix the court fee within time.” Although this pleading is extremely vague, yet -2- it was in the interest of justice that an opportunity should have been given to the plaintiff to lead evidence on record to show the nature of his incapacity and the fact that such illness/ incapacity prevented him from affixing / filing Court fee and instructing his counsel. The learned trial Court has dealt with this issue in a very summary manner. In view of the facts and circumstances, the case is remanded to the learned trial Court for decision afresh only on the ground as to whether the illness of the plaintiff was sufficient and bonafide excuse for not having complied with the order passed. No other ground will be allowed to be urged. The Court will also keep in mind difference between conditional decree and condition order. In cases of condition orders, it is always open to the Court to extend time for compliance with the directions issued if satisfied that such non compliance is bonafide. Parties to appear before the learned trial Court, that is the Court of Civil Judge (Senior Division), Court No. 1, Una on 30.4.2009. The Court shall proceed with the matter with due expedition. -3- This appeal is accordingly disposed of. There shall be no order as to costs. Pending applications shall stand disposed of and interim orders vacated. Let record of both the Courts be sent back immediately. April 1, 2009 (PC). (Dev Darshan Sud), J.