IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.680 of 2009 Date of Decision: 12.08.2010 Pawan and another ........Petitioners Versus Ram Ratti .......Respondent CORAM:- HON'BLE MR. JUSTICE ALOK SINGH Present: Mr. Rajender Chhokar, Advocate for the petitioners. Mr. Sanjay Mittal, Advocate for the respondent. ****** ALOK SINGH, J. (ORAL) Present petition is filed challenging the order dated 08.09.2008 (Annexure P-1), passed by District Judge, Rewari whereby the Appellate Court directed the appellant to pay/affix the proper Court fee on the memorandum of appeal within 7 days from the date of the order and also observed that if respondent No.1 has become major then it is for the respondent No.1 to come before the Court to submit the case that he has become major and also contest the appeal at his own. Learned counsel for the petitioners vehemently argued that without any application being moved by the appellant, Appellate Court has wrongly directed the appellant to pay ad-valorem Court fee. Learned counsel for the petitioners further argues that without any request in writing, Appellate Court was not justified to direct the appellant to pay deficient Court fee. Learned counsel for the petitioners further argues that respondent is major and he was wrongly sued in the appeal through his father. Civil Revision No.680 of 2009 -2- In the opinion of this Court, if Appellate Court finds that sufficient Court fee has not been affixed then Appellate Court before rejecting the memorandum of the appeal must grant an opportunity to the appellant to make Court fee good. No application is required to be moved by either of the party. As per the submissions of both the learned counsel appearing before me, respondent No.1 in appeal and petitioner herein is now major. Learned counsel for the appellant (respondent herein) undertakes to amend the memo of appeal showing the present petitioner (respondent No.1 in the appeal) as major. Petition is devoid of merit, hence is dismissed. August 12, 2010 (ALOK SINGH) Gagan JUDGE