AMBIKA THILAKAN Vs. MOHANAN

JUDGEMENT

(1.) The revision petitioner, who is the plaintiff in O.S.No.635 of 1993 of the Munsiff's Court, Cherthala, is aggrieved by the refusal of the court to invoke the power under S.149 and 151 of the Civil Procedure Code to extend the time for payment of the balance court fee.

(2.) The suit for declaration of easement right was filed on 25.9.1993 and the case was posted for payment of court fee on 20.3.1997. On that day there was no representation on behalf of the plaintiff and so the plaint was rejected.

(3.) The plaintiff filed an application to review the order dated 20.3.1997 and to restore the suit. The petition was originally allowed on 26.9.1997; but based on I.A.No.2920 of 1997 filed by the defendants the matter was reviewed and the earlier order was cancelled. After further hearing of the matter, the impugned order was passed finding that the plaintiff having availed the benefit of S.4A of the Court Fees Act cannot plead ignorance regarding his liability to remit the balance court fee within 15 days after framing issues or such other time as provided by the court and thereafter the extension was unjustified.