S V ARJUNARAJA Vs. P VASANTHA

JUDGEMENT

(1.) THE defendant, who attempted before the trial Court by filing I.A.No.521 of 2003 in O.S.No.153 of 2003, invoking the grounds available under Order VII Rule 11(c) C.P.C., to reject the plaint, failed and the result is this revision.

(2.) THE respondent herein, as plaintiff, has filed a suit for recovery of a sum of Rs.4,29,166.50, with interest on Rs.2,50,000/-, at the rate of 24% per annum, from the date of plaint, till the date of realisation, on the basis of a promissory note dated 30.12.1999, alleging that the defendant/revision petitioner had borrowed the said amount, for his family expenses and business, promising to repay the same, on demand, failed to do so and therefore, he should be directed to pay the said amount.

(3.) THE petition, for rejecting the plaint, was opposed by the respondent/plaintiff, contending that within the time extended by the Court, which is competent to extend the time for payment of Court Fee, deficit Court fee has been paid, thereby, taking back the case, to the date of original filing, which was in time, and therefore, rejection of the plaint is not permissible.