AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
6 paragraphs · 179 wordsBhaskar Raj Pradhan, J
I.A. No.01 of 2024
Mr. Ranjit Prasad, learned counsel for the applicant submits that he has filed an application for seeking an exemption from depositing the decretal amount. He relies upon the judgment of the Supreme Court which says that the appeal cannot be dismissed for failure to deposit the amount.
There is no reason to dismiss the appeal. The question before this Court is when the applicant himself undertakes to deposit the decretal amount in Court which is recorded in Order dated 13.05.2024 can exemption be granted, based on some medical documents showing his illness and statement of one bank account which he is operating from Gangtok?
Mr. Ranjit Prasad, learned counsel at this stage states that he will file a better affidavit supported by documents to reflect what he pleads i.e. that the appellant does not have financial capacity to depost the decretal amount. If that be so, he may also provide adequate security if he so desires.
List this application on 18.11.2024 along with the appeal for hearing.