SBCMA No.1075/2008 Smt. Pramila & Ors. Vs. Bhinya Ram Choudhary -{ 1 }- S.B. Civil Misc. Appeal No.1075/2008 Smt. Pramila & Ors. vs Bhinya Ram Choudhary DATE OF ORDER : - 10.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.DS Goswami, for the appellants. Mr. Raju Chahan, for the respondent. <><><> Heard learned counsel for the parties. The trial court granted money decree of Rs.31,000/- against the appellants with interest on 19th Feb., 2008. The appellants preferred regular first appeal to challenge the said judgment and decree after delay of 11 days. In the first appellate court office of the court raised objection that appellants even did not pay the court fees of Rs.1615/- apart from fact that appeal is barred by time and further the appellants did not affix the court fees stamp on decree- sheet of the trial court, copy of which was annexed in the first appeal. The appellants were given time by the trial court to remove the defects on 14th Nov., 2007, 17th Dec., 2007, 8th Jan., 2008 and 4th Feb., 2008. Since the defects SBCMA No.1075/2008 Smt. Pramila & Ors. Vs. Bhinya Ram Choudhary -{ 2 }- were not removed then on last day i.e., 19th Feb., 2008 the appellants' appeal was dismissed. The appellants submitted an application for restoration of appeal by moving application on 8th April, 2008. Admittedly, the application for restoration of appeal itself was barred by time. The appellants submitted application for condoning of delay in moving the application for restoration of appeal. Said application of the appellants was dismissed by the trial court vide order dated 5th May, 2008, hence, this appeal has been preferred by the appellants. Since the appellants challenged the decree of the trial court dated 19th Feb., 2007 and did not pay the court fees upto 19th Feb., 2007, therefore, the appeal become hopelessly time barred. There was no reason for extension of time for submitting the court fees stamp by the appellants in a case where the decree for only Rs.31,000/- was passed by the trial court. In the totality, the facts were again considered by the trial court while considering the appellants' application for restoration of appeal. From the impugned order, I do not find any illegality and, therefore, SBCMA No.1075/2008 Smt. Pramila & Ors. Vs. Bhinya Ram Choudhary -{ 3 }- there is no merit in this appeal and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-