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.