Punjab-Haryana High Court
Chanderpati vs Sumitra And Another on 12 January, 2010
Civil Revision No. 2226 of 2007 -1-
****
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No. 2226 of 2007
Date of decision : 12.1.2010
Chanderpati
....Petitioner
Versus
Sumitra and another ...Respondents
****
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr.D.K.Bhatti, Advocate for the petitioner.
None for the respondents.
S. D. ANAND, J.
The petitioner, a Pardanashin,Sonepat based uneducated old lady of 70 years of age, filed a suit on account of territorial jurisdiction compulsion at Gurgaon. The learned Trial Court directed her to pay advoleram court fee in the suit. She could not comply with the orders in time. A plea filed by her for extension of time was also declined by the learned Trial Court.
The averment made by the petitioner herein to the effect that she is 70 years uneducated Pardanashin old lady living at Sonepat and that her counsel at Gurgaon did not inform her about the order qua the payment of advolerm court fee is supported by an affidavit.
Though there can be no dispute about the factual position that the petitioner did not comply with the order regarding payment of advoleram court fee, the law cannot be unmindful of the fact that she is an Civil Revision No. 2226 of 2007 -2- **** old lady aged 70 years who is residing at Sonepat. The matter was filed at Gurgaon. She is a pardanashin and uneducated lady. She is, in the considered opinion of this Court entitled to indulgence of the law to the extent that she is afforded one final opportunity for filing the advoleram court fee.
The petition shall stand allowed accordingly.
The petitioner, through her counsel, is directed to pay the court fee before the learned Trial court (or the successor Court thereof) on 25.1.2010. The learned counsel appearing on behalf of the petitioner, states that he would himself intimate orders of this Court to the petitioner.
January 12,2010 (S. D. ANAND) Pka JUDGE