LACK OF FUNDS TO PAY COURT FEE NOT VALID GROUND FOR CONDONATION OF DELAY: SUPREME COURT OF INDIA The Supreme Court recently observed in the case of Ajay Dabra vs. Pyare Ram and Others that the insufficiency of funds to pay court fees is not a valid ground to seek condonation of delay in filing appeal when Section-149 of Code of Civil Procedure, provides an option to file such ‘defective’ appeals within time. Section-4 of the Court Fees Act, 1870 (which lays down that prescribed court fees must be paid before filing appeals in the High Court), has to be read along with Section 149, Code of Civil Procedure, which confers the court discretionary powers to make up a deficiency in the payment of court fees payable for a case and which were not paid, wholly or in part, at an earlier stage of the case. It is presumed that if at the relevant time, say an appellant, was not able to pay the court fee, nothing bars him from filing the appeal under Section- 149. And by considering the facts and circumstances of the case, the reasons assigned for the delay in filing the appeal cannot be a valid reason for condonation of delay, since the appellant could have filed the appeal deficient in court fee under Code of Civil Procedure, 1908. Reddy & Reddy Law Firm is one of the top tier law firms in Pune. It deals in matters related to Commercial disputes, corporate disputes, banking and finance etc.