IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.4109 of 2010 (O&M) Date of Decision : 5.7.2010 Purshotam Dass and another ....Petitioners Versus Yudhister and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Sanjay Mittal, Advocate for the petitioners. ..... MAHESH GROVER, J. C.M.No.16367-CII of 2010 Allowed as prayed for. C.R.No.4109 of 2010 Learned counsel for the petitioners contends that there has been certainly a lapse on his part in not depositing the Munadi fee and prays for condoning the same in the interest of justice. After hearing the learned counsel for the petitioners, purely in the interest of justice and also keeping in view the fact that substantial justice can be ensured by imposing costs, I deem it appropriate to dispose of the instant revision petition without issuance of notice of motion to the respondents. It is a settled principle of law that the rights of a party to a litigation should not be throttled on technicalities. It would be extremely harsh to throw out the petitioners from the proceedings in C.R.No.4109 of 2010 (O&M) -2- a civil suit on the ground that they have failed to deposit the Munadi fee. The learned trial Court, however, cannot be faulted with because 5 opportunities were granted to the petitioners for the said purpose and it cannot be said that there is a legal infirmity in the impugned order. However, keeping in view purely the interest of justice, the impugned order is set aside and the petitioners are granted one opportunity for depositing the Munadi fee within a period of 10 days from today. This shall be subject to payment of Rs.5,000/- as costs which shall be deposited before the State Legal Services Authority, Haryana. Disposed of. 5.7.2010 (MAHESH GROVER) JUDGE dss