GANAPATHY HEGDE Vs. KRISHNAKUDVA

JUDGEMENT

(1.) Respondent 1 is reported to have died. His legal representative is already on record as Respondent 2. Prayer for correction of cause title is allowed.

(2.) Leave granted.

(3.) A suit for specific performance of an agreement to sell was filed on 29.7.1999. The court fee paid was deficit by Rs. 1,23,464. The deficit court fee was supplied on 23.2.2000. On 10.4.2000, the trial court registered the suit. On being noticed, the defendants filed an application under Order 7 Rule 11 of the Code of Civil Procedure (for short "CPC") seeking rejection of the plaint for non-payment of court fee. The trial court vide order dated 3-11- 2001 condoned the delay in payment of court fee and rejected the application under Order 7 Rule 11 CPC filed by the defendant-respondents.