R. ANIKUMAR Vs. P. NEELAKANDAN

JUDGEMENT

(1.) In view of the fact that the order has been passed prior to the numbering of the suit, notice to the respondent is deemed un-necessary.

(2.) Challenge in this Revision is to the order of the trial Court made in I.A.No.339 of 2021, in and by which, the trial Court, dismissed the petition filed by the petitioner seeking to dispense with notice to the respondent in I.A.No.240 of 2021, an application filed under Sec. 149 of the Code of Civil Procedure seeking condonation of delay in payment of deficit Court fee.

(3.) The petitioner had filed a suit for recovery of advance paid by him under the agreement of sale dtd. 8/3/2019. The petitioner had valued the suit at Rs.6,50,000.00 and paid Court fee of Rs.19,500.00. The plaint was returned requiring the petitioner to add the interest and pay the Court fee on it. Accordingly, the plaintiff added the interest and paid the deficit Court fee also. The plaint was presented on 27/7/2021. The agreement of sale is dtd. 8/3/2019. The plaintiff has a minimum of 3 years to sue for refund. The suit has been filed well within the limitation period. The re-valuation of the suit has also been done within the limitation period and the deficit Court fee has also been paid within the limitation period.