MOHAMMAD MAHIBULLA AND ANR. vs SETH CHAMAN LAL (DEAD) BY LRS. AND ORS.

The Supreme Court held that under Section 107(2) and Section 149 of the Code of Civil Procedure, the Appellate Court has the same powers as the original court regarding court fees. The Court found that the Additional District Judge erred in outright dismissing the memorandum of appeal for insufficient court fee without allowing the appellant to rectify the deficiency. The Court directed that the appellant should be given an opportunity to pay the deficit court fee, thus allowing the appeal to proceed.