JUDGMENT This is an appeal directed against the judgment dated 25.7.1990 passed by the learned Single Judge of this Court in F.A. No. 223/86, whereby the learned Single Judge has dismissed the First Appeal. The brief facts which are necessary for disposal of this appeal are that M/s Jai Deo Singh Chadha is a Contractor, who brought an action against the M.P. Electricity Board (hereinafter referred to as the 'MPEB' in brevity) for a declaration to the effect that the MPEB is not liable to forfeit the bank guarantee furnished in lieu of earnest money of Rs. 45,000/- by the defendant No. 2 Union Bank of India and to command the MPEB to deliver the said bond duly discharged. The suit was filed on 5.2.1976, vide Civil Suit No. 8A of 1976. Similarly, the MPEB also filed a suit vide Civil Suit No. 1B of 1978 against the Contractor and the Union Bank of India for recovery of earnest money valued at Rs. 45,000/- as a compensation for breach of contract. Both the suits were tried by the learned trial Judge and the learned trial Judge came to the conclusion that no concluded contract had come into existence between M/s Jai Deo Singh Chadha and MPEB and, therefore, the MPEB was not entitled to get any compensation for breach of contract from the Contractor and also dismissed the suit of the Contractor holding that the suit for declaration simpliciter was not maintainable in view of the provisions of section 34 of the Specific Relief Act and no Court fee had been paid on consequential relief ad valorem on Rs. 45,000/-. Against the aforesaid judgment and decree, both the parties, i.e. MPEB and the Contractor, filed First Appeals before this Court. The appeal filed by the MPEB was dismissed by the learned Single Judge and likewise the appeal filed by the Contractor was also dismissed holding that the Contractor had not paid the Court fee on the specified amount. Hence, the present appeal by the Contractor. The learned counsel for the appellant submitted that a declaration has already been given that no concluded contract had come into existence, but his appeal was dismissed by the learned Single Judge on the ground that no Court fee ad valorem had been paid; therefore, the suit was not maintainable. Hence, the present appeal by the Contractor. The learned counsel for the appellant submitted that a declaration has already been given that no concluded contract had come into existence, but his appeal was dismissed by the learned Single Judge on the ground that no Court fee ad valorem had been paid; therefore, the suit was not maintainable. The learned counsel has also submitted that since a bank guarantee in a sum of Rs. 45,000/- was given in favour of the MPEB by the Contractor, which cannot benefit the MPEB as the Court has already dismissed the suit of MPEB holding that no concluded contract has come into existence and MPEB is not entitled to any compensation. Therefore, learned counsel submitted that he may be permitted to make deficiency of Court fee good here under section 149 of CPC and a direction be given to MPEB to release the bank guarantee. We accept the submission of the learned counsel for the appellant and direct him that he may make the deficiency of Court fee good before this Court on valuation of the suit before the trial Court as well as the appeal filed by him before this Court within a period of one month from today. Shri M.L. Jaiswal, learned counsel for the respondent/MPEB, has no objection. Put up this case after one month.