Allahabad High Court
MU. CHUNARI DEVI WIDOW AND 3 OTHERSversusRAM PRASAD (SINCE DECEASED) AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The order dismissing the appeal for want of court fees is a decree and is appealable, so the petition is dismissed with liberty to pursue the appropriate remedy.
Summary
The petitioners challenged a lower court order dated 03.10.2025 that dismissed their appeal on the ground of insufficient court fees. The High Court examined whether such an order constitutes a decree and is therefore appealable under Article 227. The Court held that the order is indeed a decree and can be appealed, and that the petitioners may either file a second appeal before the High Court or seek a recall of the order in the lower court. Consequently, the Court declined to interfere with the order. The petition was disposed, granting the petitioners liberty to pursue the appropriate remedy under law.
Issues considered
- Whether the order dismissing an appeal for want of court fees is a decree and thus appealable under Article 227 of the Constitution
- Whether the High Court can entertain a petition challenging such an order
Subjects
- Article 227
- court fees
- appeal
- decree
- high court jurisdiction
- remedy
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3451 of 2026
Mu. Chunari Devi Widow And 3 Others
.....Petitioner(s)
Versus
Ram Prasad (Since Deceased) And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jaki Ahmad, Sanjay Pathak
Counsel for Respondent(s) :
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed challenging the order dated 03.10.2025 by which appeal
filed by the petitioners has been dismissed for want of court fees.
2. The order impugned is a decree and therefore, appealable. The petitioners have
remedy of filing a second appeal before this Court or may alternatively move an
application for recall of the order impugned before the court below.
3. In view of the same, I am not inclined to interfere in the matter.
4. Accordingly, the petition is disposed of with liberty to the petitioners to pursue the
remedy as available to them under law.
(Manish Kumar Nigam,J.)
March 19, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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