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Allahabad High Court

INDRASEN SINGH AND 9 OTHERSversusDISTRICT MAGISTRATE ALLAHABAD AND 4 OTHERS

Decided

Holding

An appeal that fails to cure a court fee deficiency despite granted extensions is dismissed for want of prosecution.

Summary

The appellants, Indrasen Singh and nine others, filed an appeal in the Allahabad High Court but failed to pay a court fee deficiency of Rs. 3,98,770. The court initially granted them a one‑month extension on 28 March 2026 to remedy the deficiency, followed by a final one‑month extension on 6 April 2026 as a last chance. Despite these orders, the office report dated 28 September 2026 confirmed that the required fee had not been deposited. The court therefore held that the appeal could not proceed without payment of the fees. Consequently, the appeal was dismissed for want of prosecution. The judgment underscores the mandatory nature of court fee compliance before a case can be heard.

Issues considered

  • Whether the appeal can be dismissed for non‑payment of the required court fees

Subjects

  • court fees
  • deficiency
  • appeal dismissal
  • want of prosecution
  • High Court
  • Allahabad

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      FIRST APPEAL DEFECTIVE No. - 172 of 2024

                                    Indrasen Singh And 9 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.73)

                                                       HON'BLE ANISH KUMAR GUPTA, J.

                                    1. In the instant appeal, there is a reported deficiency of court fees to the
                                    extent of Rs. 3,98,770.00/-.

                                    2. On request made on behalf of the appellant, time was granted initially
                                    for a month on 28.03.2026. 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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