Messrs Shri Siddhabali Timber Merchant vs Jafar Ali Ansari

S.K. Mishra, J

Heard Dr. Kartikeya Hari Gupta, learned counsel for the revisionist.

In this civil revision, the revisionist has assailed the order dated 20.05.2019, passed by learned Civil Judge (S/D), Kotdwar, Garhwal, in Misc. Civil Case No. 21 of 2018, Messrs Siddhabali Timber Merchant vs. Jafar Ali, rejecting his application under Section 148 C.P.C. for extension of time for payment of court fee.

Facts in brief are that the revisionist filed a suit for declaration etc. Thereafter, on appearance of the defendants, they filed an application under Order 7 Rule 11 of CPC for dismissal of the suit on the ground that insufficient court fee has been paid. That petition was allowed but instead of rejecting the claim, the learned Civil Judge (S/D)granted sometime, to make good the deficient court fee but as the circumstances were beyond his control, the petitioner could not pay the court fee in time. Therefore, the petitioner filed an application under Section 148 CPC, extension of time which was dismissed and the claim was rejected.

We are of the opinion that for the difficulty and financial stringency faced by the revisionist, his meritorious petition cannot be dismissed at the threshold.

Hence, we dispose of the this revision with a liberty to the revisionist to file another application along with the deficit court fee before the learned Civil Judge (S/D) within a period of 15 days hence and prays for giving the extension of time for payment of court fee as well as the acceptance of court fee. On such event, the learned Civil Judge (S/D) shall consider the matter liberally and compassionately and pass an appropriate order without being influenced by any order passed by he him/her at the earlier stage of the suit.

With the above observation, the Civil Revision is disposed of.

There shall be no order as to the costs.

Urgent certified copy of this order be granted on proper application.