P KUMAR Vs. SANJAY AGARWAL

JUDGEMENT

(1.) The Petitioner/Respondent/Plaintiff has filed this Civil Revision Petition as against the order dated 30.04.2009 in I.A. No. 74 of 2008 in O.S. No. 91 of 2007 on the file of the Principal District Court, Krishnagiri.

(2.) The trial court in I.A. No. 74 of 2008 in O.S. No. 91 of 2007 on 30.04.2009 has among other things held that 'the Revision Petitioner/Plaintiff neither paid the Court fee within the period of limitation nor filed Application under Section 149 of the Code of Civil Procedure to extend time for payment of deficit Court Fee and opined that the defect of non filing of application under Section 149 of the Code of Civil Procedure to extend the time of payment of deficit Court Fee cannot be cured' and resultantly, allowed the Interlocutory Application praying to reject the plaint under Order 7, Rule 11 of Code of Civil Procedure without costs.

(3.) According to the Learned Counsel for the Revision Petitioner/Plaintiff, the order of the trial court in I.A. No. 74 of 2008 in O.S. No. 91 of 2007 dated 30.04.2009 in allowing the Application praying to reject the plaint under Order 7, Rule 11 of Code of Civil Procedure is not a correct one in the eye of law and as a matter of fact, the trial court ought to have disposed of suit on merits.