LAWS(MAD)-2014-9-96

NATARAJAN Vs. JACOB MANOHAR

Decided On September 17, 2014
NATARAJAN Appellant
V/S
Jacob Manohar Respondents

JUDGEMENT

(1.) THIS civil revision petition has been filed to set aside the order passed in I.A. No. 96 of 2006 in O.S. No. 86 of 2006 on the file of the I Additional Subordinate Judge, Tirunelveli dated 19.07.2006.

(2.) THE revision petitioner is the plaintiff, whereas the respondent is the defendant in the suit in O.S. No. 86 of 2006 on the file of I Additional Subordinate Judge, Tirunelveli.

(3.) ACCORDING to the respondent, the petitioner paid only Rs. 5,500/ - as Court fee at the time of filing the suit as against the Court fee payable by him. The petitioner did not comply with the directions of the Court to pay the deficit Court fee for more than 10 months and ultimately the Court fee was paid on 10.05.2006 without any permission from the Court under Section 149 C.P.C. and hence the suit is not valid in law. When the Court did not extend the time for payment of Court fee mere payment of Court fee beyond the period of limitation is not valid in law and will not extend the period of limitation. On these grounds, the respondent prayed for rejection of the plaint.