MARUTHI ENTERPRISES Vs. MUNIYANJAMMA

JUDGEMENT

(1.) This is a revision by the plaintiffs against the order dated 19-1-1983 passed by the IX Additional City Civil Judge Bangalore City, in O.S. No. 2874 of 1982 rejecting I.A. No. 1 filed to recall the order dated 1-12-1982.

(2.) The plaintiffs had filed a suit in O.S. No. 2874 of 1982 in the City Civil Court for specific performance of an agreement dated 3-7-1978 and a further agreement dated 19-5-1979.

(3.) The plaintiffs paid a court-fee of Rs. 100/- on 12-4-1982 when the suit was filed. The office put up a note dated 2-6-1982 to the effect that the plaintiffs had not paid the court-fee and that the court-fee paid was deficit. The matter was posted before the Court on 1-10-1982 for judicial determination. It was adjourned to 8-10-1982. On 8-10-1982 the court was on leave and hence it was adjourned to 8-11-1982. On 8-11-1982 an application under S.148 C.P.C. was filed by the plaintiffs seeking three months' time to pay the additional court-fee of Rs. 14,900/-. The court passed an order on 8-11-1982 granting time till 1-12-1982 to pay the deficit court-fee. On 1-12-1982 the plaintiffs and their counsel were absent and the deficit court-fee was not paid notwithstanding grant of time. Hence the court rejected the plaint.