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april 1970

Supreme Court of India · 1970-04-10

MANNAN LAL vs MST. CHHOTAKA BIBI

Citation / case number
SC 1967/224
Court
Supreme Court of India
Petitioner
MANNAN LAL
Respondent
MST. CHHOTAKA BIBI
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court interpreted the U.P. High Court (Abolition of Letters Patent Appeals) Act, 1962, specifically Section 3(2), which addresses appeals pending before the High Court prior to the Act's enforcement. The Court held that an appeal is considered pending if the memorandum of appeal was filed before the Act's enforcement, even if the court fees were initially deficient, provided the deficiency was rectified later. The Court harmonized the provisions of the Court Fees Act and the Code of Civil Procedure, emphasizing that Section 149 of the CPC allows for retrospective validity of the appeal once the deficiency is made good.

MANNAN LAL vs MST. CHHOTAKA BIBI · Niyam