https://www.taxtmi.com/caselaws?id=175730 A memorandum of appeal filed within limitation but carrying deficient court fee is not treated as ineffective if the deficiency is later cured under the court's order. Section 149 of the Code of Civil Procedure operates retrospectively, so once the deficit is made good within the permitted time, the appeal is validated from the date of original presentation. The Code and the Court Fees Act, 1870 must be read harmoniously, and the curative effect of Section 149 prevents the appeal from being regarded as nonexistent before payment. Accordingly, a special appeal presented before the abolition statute was treated as pending and not barred. en-us Fri, 10 Apr 1970 00:00:00 +0530 Fri, 04 Dec 2015 10:16:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175730 A memorandum of appeal filed within limitation but carrying deficient court fee is not treated as ineffective if the deficiency is later cured under the court's order. Section 149 of the Code of Civil Procedure operates retrospectively, so once the deficit is made good within the permitted time, the appeal is validated from the date of original presentation. The Code and the Court Fees Act, 1870 must be read harmoniously, and the curative effect of Section 149 prevents the appeal from being regarded as nonexistent before payment. Accordingly, a special appeal presented before the abolition statute was treated as pending and not barred. Case-Laws Indian Laws Fri, 10 Apr 1970 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175730