Smt. Jamni Bai vs Balkishan Das Gupta

D.P.S. Chauhan, J.

The revision is directed against the order dated 14.2.1997 passed on an application u/s. 149 of the CPC (for brevity hereinafter referred to as the Code''). By this application the applicant has prayed for paying the Court-fees within a period of 2 months as the objection of the plaintiff in respect of the Court-fees liability was rejected. The Court earlier on 7.2.97 granted 7 days time. Thereafter the case was posted on 14.2.97, on which date the application was made u/s. 149 of the Code for extension of time by 2 months.

Notice of the revision-application is given to the learned State counsel as it is the State who would be gainer or sufferer in the event of Court fees paid/not paid. The plaintiff is not claiming any relief in regard to her non-liability to pay the Court-fees. Her prayer is only for extention of time. It is not a case where notice is necessary to all the persons as the State is proper person. Learned State counsel, Shri A.P. Shukla does not propose to file any counter affidavit or reply as no interest of the State is going to be adversely affected if for payment of Court fees time is extended.

Heard the learned counsel for the applicant plaintiff, Shri R.D. Hundikar and the learned State Counsel Shri A.P. Shukla.

Section 149 of the Code confers power on the Court to extend the time for affixing proper Court-fee. Section 149 of the Code reads as under:-

Where the whole or any part of any fees prescribed for any document by the law for the time being in force relating to Court-fees has not been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fees is payable, to pay the whole or part, as the case may be of such Court-fees; upon such payment the document, in respect of which such fee is payable, shall have the some force and effect as if such fee had been paid in the first instance.

The Court below has stated that 7 days'' period was allowed but within that period as no Court-fees was paid, there exists no sufficient or reasonable cause to accept the prayer of the applicant. It is not sufficient. The Court should have looked into aspect, whether it is a case for extension or non-extention. The provision of section 149 of the Code requires to be interpreted liberally so to advance the purpose of justice.

In view of above, the impugned order dated 14.2.1997 is set aside. Three weeks time from today is allowed to make good the deficiency in Court-fees. In case the plaintiff does not make good the deficiency within the time allowed, me plaint shall automatically stand rejected.

Certified copy of this order may be made available on payment of usual charges.