MANNAN LAL versus MST. CHHOTAKA BIBI

MANNAN LAL versus MST. CHHOTAKA BIBI

An appeal presented with deficient court-fee, but where the deficiency is made good within the time permitted by the court under s. 149 CPC, is to be treated as pending from the original date of presentation. Consequently, Special Appeal No. 880 of 1962 was pending before the Allahabad High Court on November 12, 1962 and is not barred by s. 3(1) of the U.P. High Court (Abolition of Letters Patent Appeals) Act, 1962.

Parties
Appellant: Mannan Lal; Respondent: Mst. Chhotaka Bibi
Jurisdiction
India
Judgment Date
10 April 1970
Procedural Posture
Civil Appellate Jurisdiction / Appeal by Certificate From Allahabad High Court Judgment Dated August 18, 1964 in Special Appeal No. 880 of 1962
Outcome
Appeal allowed
Legal Topics
Court Fee Deficiency, Maintainability of Appeals, Abolition of Letters Patent Appeals
Civil Procedure Court Fee Deficiency Maintainability of Appeals Abolition of Letters Patent Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Mannan Lal

Appellant

Mst. Chhotaka Bibi

Respondent

Procedural Posture

Civil Appellate Jurisdiction / Appeal by Certificate From Allahabad High Court Judgment Dated August 18, 1964 in Special Appeal No. 880 of 1962

Legal Issues

  1. 1 Whether Special Appeal No. 880 of 1962 was pending before the High Court on November 12, 1962 for purposes of s. 3(2) of U.P. High Court (Abolition of Letters Patent Appeals) Act, 1962
  2. 2 Effect of curing court-fee deficiency after presentation but before registration of appeal

Ratio Decidendi

An appeal presented with deficient court-fee, but where the deficiency is made good within the time permitted by the court under s. 149 CPC, is to be treated as pending from the original date of presentation. Consequently, Special Appeal No. 880 of 1962 was pending before the Allahabad High Court on November 12, 1962 and is not barred by s. 3(1) of the U.P. High Court (Abolition of Letters Patent Appeals) Act, 1962.

Court Disposition

Appeal allowed

Orders

  • High Court to hear the Special Appeal instituted on 9th November, 1962
  • Costs of this appeal to abide by the decision of the Special Appeal