CR No.340 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.340 of 2010 Date of decision : 06.12.2010 M/s. Shiwalik Fibre Glasses ..... Petitioner Versus State Bank of India & Ors. ..... Respondents CORAM: HON'BLE MR. L. N. MITTAL, Present : Mr. Sandeep Bansal, Advocate for the petitioner. Mr. Naveen Sharma, Advocate for respondent No.1-plaintiff. **** L. N. MITTAL, J (ORAL) Defendant No.1 has filed this revision petition under Article 227 of the Constitution of India challenging order dated 29.03.2008 Annexure P-1 passed by the learned Additional District Judge, Rupnagar, thereby dismissing first appeal preferred by defendant No.1-petitioner as not maintainable for want of court fee and also challenging order dated 30.07.2009 Annexure P-2 passed by the said Court, whereby application for review of order dated 29.03.2008 Annexure P-1 moved by the petitioner was dismissed. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner states that the petitioner is now ready to pay the requisite court fee for first appeal. On the other hand, learned counsel for the respondent No.1-plaintiff contended that first appeal itself was time barred although delay in filing the appeal was condoned, but the first appeal was filed without payment of court fee and even opportunity to pay court fee was given by the appellate court, but the petitioner- CR No.340 of 2010 -2- appellant did not pay the court fee and rather counsel for the petitioner- appellant made statement that the appellant did not want to pay court fee. I have carefully considered the rival contentions. The petitioner should have affixed requisite court fee while filing the appeal, which was allegedly filed in July, 2007. Delay in filing the appeal was condoned vide order dated 28.03.2008 by the appellate court and the appellant was directed to pay requisite court fee on 29.03.2008. However, on 29.03.2008, counsel for the appellant made statement that the appellant did not want to pay court fee. Consequently the lower appellate court was left with no option but to dismiss the appeal for want of court fee. Since the petitioner is now ready to pay court fee, in my considered opinion, ends of justice would be met if an opportunity is granted to the petitioner to pay requisite Court fee for first appeal subject to payment of costs. For the reasons aforesaid, the instant revision petition is allowed and impugned orders Annexure P-1 and Annexure P-2 of the lower appellate court are set aside. The petitioner is permitted to pay requisite court fee for the first appeal in the lower appellate court within one month from today, failing which the first appeal shall stand rejected for want of court fee. Permission to pay court fee is subject to payment of Rs.2500/- (Rupees two thousand five hundred) as cost precedent. Parties to appear before the lower appellate court on 4.01.2011. (L. N. MITTAL) JUDGE 06.12.2010 'raj'