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Allahabad High Court

AJAB SUKH SINGH AND 4 OTHERSversusDISTRICT MAGISTRATE ALLAHABAD AND 4 OTHERS

Decided

Holding

An appeal is dismissed for want of prosecution when the appellant fails to pay the prescribed court fees even after being granted extensions.

Summary

The appellant filed a first appeal before the Allahabad High Court but failed to pay the required court fees of Rs. 56,977.50. The court initially granted the appellant a month to deposit the fees on 28 March 2024, and later, on 6 April 2026, gave a final one‑month extension as a last chance. Despite these orders, the office report dated 28 September 2026 showed that the appellant had not deposited the fees. Consequently, the court held that the appeal could not proceed and dismissed it for want of prosecution. The judgment was delivered by Justice Anish Kumar Gupta on 29 September 2026.

Issues considered

  • Whether the appeal should be dismissed for non‑payment of court fees despite extensions granted to the appellant

Subjects

  • court fees
  • procedural default
  • dismissal for want of prosecution
  • High Court
  • appeal
  • Civil Procedure

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      FIRST APPEAL DEFECTIVE No. - 170 of 2024

                                    Ajab Sukh Singh And 4 Others
                                                                                                .....Appellant(s)
                                                                       Versus

                                    District Magistrate Allahabad And 4 Others
                                                                                              .....Respondent(s)

                                    Counsel for Appellant(s)               :    Hira Lal Singh(Kushwaha)
                                    Counsel for Respondent(s)              :    Shachindra Kumar Mishra

                                    Court No. - 34

                                    (SN.72)

                                                       HON'BLE ANISH KUMAR GUPTA, J.

                                    1. In the instant appeal, there is a reported deficiency of court fees to the
                                    extent of Rs. 56,977.50/-.

                                    2. On request made on behalf of the appellant, time was granted initially
                                    for a month on 28.03.2024. Thereafter, on 06.04.2026, one month time as
                                    last chance was also granted to the appellant to cure the defects regarding
                                    court fees.

                                    3. As per the office report dated 28.09.2026, the court fees has not been
                                    deposited by the appellant till date.

                                    4. In such view of the matter, the instant appeal is dismissed for want of
                                    prosecution.


                                                                                      (Anish Kumar Gupta,J.)

                                    September 29, 2026
                                    Shubham Arya




Digitally signed by :-
SHUBHAM ARYA
High Court of Judicature at Allahabad


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