SAO No.25 of 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA 144 KRISHAN Vs SMT. KAMLA SHEHRAWAT CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ Present: Mr. Hitesh Verma, Advocate for the appellant. Mr. Atul Goyal, Advocate for the respondent. HARKESH MANUJA, J. (Oral) CM No.10008-CII of 2025 Prayer in this application is for condonation of delay of filing the appeal. Notice of the application was issued to the respondent on 20.01.2026. Upon hearing mentioned in the application, which makes out sufficient cause, the same is allowed. Accordingly, delay of SAO No.25 of 2025 (O&M) 1. By way of present 29.10.2024 and 03.02.2025 referred to as the ‘ Rules 1 & 2 CPC read with order was rejected, thereby resulting into dismissal of his First Appeal. (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SAO No.25 Date of Decision: SMT. KAMLA SHEHRAWAT HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Hitesh Verma, Advocate for the appellant. Mr. Atul Goyal, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) CII of 2025 Prayer in this application is for condonation of delay of filing the appeal. Notice of the application was issued to the respondent on 20.01.2026. Upon hearing learned counsel for the parties mentioned in the application, which makes out sufficient cause, the same is allowed. Accordingly, delay of 06 days in filing the appeal is condoned. SAO No.25 of 2025 (O&M) By way of present appeal, challenge has been laid to 29.10.2024 and 03.02.2025 passed by the learned District Judge, Hisar (hereinafter referred to as the ‘First Appellate Court’) vide which application under Order 33 ules 1 & 2 CPC read with order 44 CPC preferred at the instance of the appellant was rejected, thereby resulting into dismissal of his First Appeal. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 25 of 2025 (O&M) Date of Decision: 02.09.2026 .....Appellant .....Respondent HON'BLE MR. JUSTICE HARKESH MANUJA Prayer in this application is for condonation of delay of 6 days in Notice of the application was issued to the respondent on 20.01.2026. learned counsel for the parties and for the reasons mentioned in the application, which makes out sufficient cause, the same is filing the appeal is condoned. , challenge has been laid to the orders dated learned District Judge, Hisar (hereinafter vide which application under Order 33 44 CPC preferred at the instance of the appellant was rejected, thereby resulting into dismissal of his First Appeal. 1 days in Notice of the application was issued to the respondent on 20.01.2026. for the reasons mentioned in the application, which makes out sufficient cause, the same is dated learned District Judge, Hisar (hereinafter vide which application under Order 33 44 CPC preferred at the instance of the appellant MOHMED ATIK 2026.09.08 18:02 I attest to the accuracy and integrity of this document SAO No.25 of 2025 (O&M) 2. Briefly stating, the respondent way of specific performance against the appellant regarding the subject property measuring 4 Kanal 2 Marla forming part of Khewat No.650, Khatauni Nos.761 and 762 as per jamabandi for the year 2012 was decreed by the learned Trial Court vide judgment and decree dated 29.09.2023. 3. Being aggrieved thereof, the appellant along with an application under Order 33 Rule 2 read with Order 44 of The Code of Civil Procedure, 1908 indigent person. The said application was opposed at the instance of the respondent-plaintiff/decree holder. The prayer made in the said application was rejected by the learned First Appellate Cour resultantly, the appellant 29.11.2024. However, the appellant fee despite repeated opportunities and consequently, t Court dismissed the appeal for non valorem court fee vide its order dated 03.02.2025. Assailing the validity of both the orders dated 29.10.2024 and 03.02.2025, the present appeal came to the filed before this Court. 4. At this stage, learned counsel for the appellant submits that the appellant is willing to deposit the requisite First Appellate Court within four weeks of the appearance. 5. On the other hand, learned counsel for the respondent submits that the decree stands executed and even the left over (O&M) Briefly stating, the respondent-plaintiff filed a suit for poss way of specific performance against the appellant regarding the subject property measuring 4 Kanal 2 Marla forming part of Khewat No.650, Khatauni Nos.761 and 762 as per jamabandi for the year 2012-13, as detailed in the plaint. The said suit decreed by the learned Trial Court vide judgment and decree dated Being aggrieved thereof, the appellant along with an application under Order 33 Rule 2 read with Order 44 of The Code of Civil Procedure, 1908 (hereinafter referred to as the CPC)for treating him as an indigent person. The said application was opposed at the instance of the plaintiff/decree holder. The prayer made in the said application was rejected by the learned First Appellate Court vide order dated 29.10.2024 and , the appellant was called upon to file requisite court fee on or before 29.11.2024. However, the appellant-defendant failed to deposit the fee despite repeated opportunities and consequently, t Court dismissed the appeal for non-compliance and for want of requisite court fee vide its order dated 03.02.2025. Assailing the validity of both the orders dated 29.10.2024 and 03.02.2025, the present appeal came to the filed before this Court. At this stage, learned counsel for the appellant submits that the is willing to deposit the requisite ad valorem First Appellate Court within four weeks of the appearance. On the other hand, learned counsel for the respondent submits that the decree stands executed and even the left over land has also been sold. plaintiff filed a suit for possession by way of specific performance against the appellant regarding the subject property measuring 4 Kanal 2 Marla forming part of Khewat No.650, Khatauni Nos.761 and 13, as detailed in the plaint. The said suit decreed by the learned Trial Court vide judgment and decree dated Being aggrieved thereof, the appellant-defendant filed First Appeal along with an application under Order 33 Rule 2 read with Order 44 of The Code (hereinafter referred to as the CPC)for treating him as an indigent person. The said application was opposed at the instance of the plaintiff/decree holder. The prayer made in the said application was t vide order dated 29.10.2024 and was called upon to file requisite court fee on or before defendant failed to deposit the requisite court fee despite repeated opportunities and consequently, the learned First Appellate compliance and for want of requisite court fee vide its order dated 03.02.2025. Assailing the validity of both the orders dated 29.10.2024 and 03.02.2025, the present appeal came to the filed At this stage, learned counsel for the appellant submits that the ad valorem court fee before the learned First Appellate Court within four weeks of the appearance. On the other hand, learned counsel for the respondent submits that the land has also been sold. 2 ession by way of specific performance against the appellant regarding the subject property measuring 4 Kanal 2 Marla forming part of Khewat No.650, Khatauni Nos.761 and 13, as detailed in the plaint. The said suit decreed by the learned Trial Court vide judgment and decree dated defendant filed First Appeal along with an application under Order 33 Rule 2 read with Order 44 of The Code (hereinafter referred to as the CPC)for treating him as an indigent person. The said application was opposed at the instance of the plaintiff/decree holder. The prayer made in the said application was t vide order dated 29.10.2024 and was called upon to file requisite court fee on or before court he learned First Appellate compliance and for want of requisite ad court fee vide its order dated 03.02.2025. Assailing the validity of both the orders dated 29.10.2024 and 03.02.2025, the present appeal came to the filed At this stage, learned counsel for the appellant submits that the court fee before the learned On the other hand, learned counsel for the respondent submits that the MOHMED ATIK 2026.09.08 18:02 I attest to the accuracy and integrity of this document SAO No.25 of 2025 (O&M) 6. Although there is no satisfactory justification for the inordinate delay on the part of the appellant in depositing the requisite the learned First Appellate Court, nevertheless, keeping in view that rights of the parties are involved and that this Court is vested with the power under Section 149 CPC to enlarge the time for payment of court fee, the delay in depositing the requisite the interest of adjudication of the rights of the parties on merits, the appellant is permitted to deposit the requisite court fee within two weeks of his appearance before the learned First Appellate Court. 7. In view of above, the impugned orders dated 03.02.2025 passed by the learned First Appellate Court are hereby set aside, thereby restoring the Civil Appeal No.271/2023, however subject to deposit of requisite ad valorem directed to appear before the learned First Appellate Court on without saying merits, and the appeal 8. The present appeal disposed of. September 02, 202 Atik Whether speaking/reasoned Whether reportable (O&M) Although there is no satisfactory justification for the inordinate delay on the part of the appellant in depositing the requisite the learned First Appellate Court, nevertheless, keeping in view that rights of the parties are involved and that this Court is vested with the power under Section 149 CPC to enlarge the time for payment of court fee, the delay in depositing the requisite ad valorem court fee is hereby the interest of adjudication of the rights of the parties on merits, the appellant is permitted to deposit the requisite court fee within two weeks of his appearance before the learned First Appellate Court. In view of above, the impugned orders dated 03.02.2025 passed by the learned First Appellate Court are hereby set aside, thereby restoring the Civil Appeal No.271/2023, however subject to deposit of ad valorem court fee within the stipulated period. Both the parties are cted to appear before the learned First Appellate Court on without saying the parties shall be afforded an opportunity of being heard on merits, and the appeal be thereafter decided in accordance with law. The present appeal along with all pending application(s), if any , 2026 Whether speaking/reasoned Yes/No Whether reportable Yes/No Although there is no satisfactory justification for the inordinate delay on the part of the appellant in depositing the requisite ad valorem court fee before the learned First Appellate Court, nevertheless, keeping in view that substantial rights of the parties are involved and that this Court is vested with the power under Section 149 CPC to enlarge the time for payment of court fee, the delay in court fee is hereby extended. Accordingly, in the interest of adjudication of the rights of the parties on merits, the appellant is permitted to deposit the requisite court fee within two weeks of his appearance In view of above, the impugned orders dated 29.10.2024 and 03.02.2025 passed by the learned First Appellate Court are hereby set aside, thereby restoring the Civil Appeal No.271/2023, however subject to deposit of court fee within the stipulated period. Both the parties are cted to appear before the learned First Appellate Court on 21.09.2026. It goes the parties shall be afforded an opportunity of being heard on thereafter decided in accordance with law. pending application(s), if any, stand (HARKESH MANUJA) JUDGE Yes/No Yes/No 3 Although there is no satisfactory justification for the inordinate delay court fee before substantial rights of the parties are involved and that this Court is vested with the power under Section 149 CPC to enlarge the time for payment of court fee, the delay in . Accordingly, in the interest of adjudication of the rights of the parties on merits, the appellant is permitted to deposit the requisite court fee within two weeks of his appearance 29.10.2024 and 03.02.2025 passed by the learned First Appellate Court are hereby set aside, thereby restoring the Civil Appeal No.271/2023, however subject to deposit of court fee within the stipulated period. Both the parties are . It goes the parties shall be afforded an opportunity of being heard on stand MOHMED ATIK 2026.09.08 18:02 I attest to the accuracy and integrity of this document