Petitioner's Negligence and Lack of Evidence Cited as Reasons for Dismissal
The Himachal Pradesh High Court, presided over by Justice Ajay Mohan Goel, dismissed a petition challenging a lower court's decision to deny an application for an extension of time to deposit a deficient court fee. The case, titled "Satish Kumar v. Gurdial Singh," revolved around the petitioner's failure to comply with a decree in a suit for specific performance, where he was required to deposit the deficient court fee within 30 days.
Satish Kumar, the petitioner, had initially cited reasons such as a family pilgrimage and subsequent illness as causes for the delay. However, the court found these claims unsubstantiated due to a lack of documentary evidence. The trial court had dismissed the application, emphasizing that indulgence could only be shown if there was no negligence and a justifiable cause was provided, which was not the case here.
Further compounding the petitioner's difficulties, the High Court noted a significant delay in challenging the trial court's order. The order, which was passed on February 10, 2025, was contested only after seven months, on September 23, 2025, without any explanation for the delay.
Justice Goel, in his oral judgment, concurred with the trial court's findings, highlighting the petitioner's negligence both in complying with the original court order and in subsequently challenging the dismissal. The absence of evidence to support the petitioner's claims of pilgrimage and illness further weakened his case.
In light of these observations, the High Court saw no reason to interfere with the trial court's decision, thus dismissing the petition. The court also disposed of any pending miscellaneous applications related to the case.
Bottom Line:
Application for extension of time to deposit deficient court fee dismissed due to negligence and lack of substantiating evidence.
Statutory provision(s): Article 227 of the Constitution of India
Satish Kumar v. Gurdial Singh, (Himachal Pradesh) : Law Finder Doc Id # 2818338
