CRP/5623/2011 of Sri Gangada Ramana Murthy Vs Sri Neredupalli Shankara Rao on 29 December 2011

ORDER:

This Civil Revision Petition under Article 227 of theConstitution of India is filed against the order dated 07.02.2011 inG.R.No.1440 of 2009 passed by the Court of the II AdditionalJunior Civil Judge, Visakhapatnam.

The petitioner filed the suit (G.R.No.1440 of 2009) forrecovery of Rs.81,560/-. The required Court fee of Rs.3026/- wasnot paid. He paid a nominal fee of Rs.26/- and filed the suit. Thelower Court returned the suit papers for payment of deficit Courtfee. The same was not paid within the time granted by the Court. He admittedly paid a challan on 26.11.2010 for Rs.3,000/- and filedan application under Sections 149 and 151 of the Code of CivilProcedure, 1908 (CPC), seeking enlargement of time for paymentof deficit Court fee. The Court below rejected the applicationobserving that the abnormal delay of 636 days cannot becondoned as the relief itself is barred by limitation.

This Court heard Sri Kuruva Naganna, Counsel for thepetitioner. He would submit that no prejudice would be caused tothe defendant and, therefore, the petitioner may be given a chanceby imposing costs.

Section 148 of CPC empowers the Court to enlarge the timenot exceeding thirty days for doing any act prescribed or allowedby the CPC. Section 149 of CPC contains the power of the Courtto allow the person to pay the deficit Court fee. When the plaintiffhas not paid the whole or part of the fees payable, the Court mayallow the payment and it shall have the same powers and effect asif such fee had been paid in the first instance. But, Section 149 ofCPC should be interpreted keeping in view the law of limitation. Ina matter like this, when the suit for recovery of money is to befiled within three years and the deficit Court fee is not paid evenafter lapse of about 630 days, it would certainly be a suit forrecovery of money barred by limitation. Further, the Court belowrejected the suit for want of proper Court fee on 07.02.2011, andthe petitioner filed the instant Civil Revision Petition on03.12.2011. If now the petitioner is allowed to pay the deficit Courtfee it would amount to allowing him to file a suit after 936 daysafter the expiry of the period of limitation. The jurisdiction underArticle 227 of the Constitution of India is intended to sub-serve thejustice and not cause prejudice to the opposite party.

The Civil Revision Petition is, therefore, dismissed. Thereshall be no order as to costs.

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(V.V.S.RAO, J)