CR-5851-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA Ishwar Singh Sanjay CORAM : HON'BLE M Present: Mr. M.S.Kundu, Advocate for the petitioner. MANDEEP PANNU 1. Present revision petition has been directed against the order dated 15.07.2022 passed by the learned Appellate petitioner was dismissed for want of court fee. 2. During the hearing of the present revision petition, the petitioner has given an undertaking before this Court that he is ready and willing to furnish the requisite court fee before the lower Appellate Court. 3. I have considered the submission petitioner. 4. It is well settled that the provisions of Section 149 CPC are enabling in nature and are intended to advance the cause of appeal filed with deficient court fee is not a nullity; it remains a defective document which can be validated upon payment of the requisite court fee. 5. In the present case, dismissal of the appeal for want of court fee has the effect of depriving the petitioner of his valuable right of appeal. In the interest of substantial justice, the impugned order (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CR Decided on : VERSUS CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU Mr. M.S.Kundu, Advocate for the petitioner. -.- MANDEEP PANNU J. Present revision petition has been directed against the order dated 15.07.2022 passed by the learned Appellate Court whereby the appeal filed by the petitioner was dismissed for want of court fee. During the hearing of the present revision petition, the petitioner has given an undertaking before this Court that he is ready and willing to furnish the ourt fee before the lower Appellate Court. I have considered the submissions made by the learned counsel for the It is well settled that the provisions of Section 149 CPC are enabling in nature and are intended to advance the cause of appeal filed with deficient court fee is not a nullity; it remains a defective document which can be validated upon payment of the requisite court fee. In the present case, dismissal of the appeal for want of court fee has effect of depriving the petitioner of his valuable right of appeal. In the interest of substantial justice, the impugned order dated 15.07.2022 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-5851-2025 (O&M) Decided on :- 05.09.2025 ....Petitioner ....Respondent MANDEEP PANNU Mr. M.S.Kundu, Advocate for the petitioner. Present revision petition has been directed against the order dated Court whereby the appeal filed by the During the hearing of the present revision petition, the petitioner has given an undertaking before this Court that he is ready and willing to furnish the ourt fee before the lower Appellate Court. s made by the learned counsel for the It is well settled that the provisions of Section 149 CPC are enabling in nature and are intended to advance the cause of justice. A memorandum of appeal filed with deficient court fee is not a nullity; it remains a defective document which can be validated upon payment of the requisite court fee. In the present case, dismissal of the appeal for want of court fee has effect of depriving the petitioner of his valuable right of appeal. In the interest dated 15.07.2022 cannot be sustained. - Present revision petition has been directed against the order dated Court whereby the appeal filed by the During the hearing of the present revision petition, the petitioner has given an undertaking before this Court that he is ready and willing to furnish the s made by the learned counsel for the It is well settled that the provisions of Section 149 CPC are enabling justice. A memorandum of appeal filed with deficient court fee is not a nullity; it remains a defective In the present case, dismissal of the appeal for want of court fee has effect of depriving the petitioner of his valuable right of appeal. In the interest cannot be sustained. TRIPTI SAINI 2025.09.09 10:19 I attest to the accuracy and integrity of this document CR-5851-2025 (O&M) 6. Accordingly, the revision petition is allowed. The impugned order dated 15.07.2022 pas petitioner is granted liberty to make good the deficiency in court fee within a period of two weeks from the requisite court fee within t original number and decided on merits in accordance with law. In case of default, the dismissal of appeal shall stand affirmed. 7. Pending application(s), if any, also stand disposed of. September 05, 2025 tripti Whether speaking/non Whether reportable (O&M) Accordingly, the revision petition is allowed. The impugned order dated 15.07.2022 passed by the learned Appellate Court is hereby set aside. The is granted liberty to make good the deficiency in court fee within a period of two weeks from the date of receipt of copy of this order the requisite court fee within the aforesaid period, the appeal shall be restored to its original number and decided on merits in accordance with law. In case of default, the dismissal of appeal shall stand affirmed. Pending application(s), if any, also stand disposed of. 2025 Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -2- Accordingly, the revision petition is allowed. The impugned order Appellate Court is hereby set aside. The is granted liberty to make good the deficiency in court fee within a the date of receipt of copy of this order. Upon deposit of he aforesaid period, the appeal shall be restored to its original number and decided on merits in accordance with law. In case of default, Pending application(s), if any, also stand disposed of. (MANDEEP PANNU) JUDGE speaking : Speaking : Yes/No - Accordingly, the revision petition is allowed. The impugned order Appellate Court is hereby set aside. The is granted liberty to make good the deficiency in court fee within a . Upon deposit of he aforesaid period, the appeal shall be restored to its original number and decided on merits in accordance with law. In case of default, TRIPTI SAINI 2025.09.09 10:19 I attest to the accuracy and integrity of this document