K KALISAMY Vs. R GOWRI

JUDGEMENT

(1.) AS against the dismissal of the Interlocutory Application filed under Section Order 7 Rule 11(c) CRP to reject the Plaint, the revision petitioners/defendants have come forward with this revision petition.

(2.) THE said I.A., has been preferred by the revision petitioners stating that the plaintiffs have not paid the entire court fee at the time of institution of the suit, and only paid the deficit court fee belatedly, that too without any orders being passed by the court in I.A.No:218 of 2003 filed by the plaintiffs for extension of time for payment of deficit court fee and therefore the plaintiffs have not paid the deficit court fee as per Section 149 CPC since it is time barred for payment of such deficit court fee and therefore the Plaint is liable to be rejected.

(3.) LEARNED senior counsel appearing for the revision petitioner contended that the claim in the plaint is a sum of Rs.7,62,257/= and the court fee as stated therein is Rs.57,170/=, but only a sum of Rs.3000/= was paid at the time of filing of the suit and a months time was granted for paying the deficit court fee. When that stipulated period also expired, I.A.No:218 of 2003 was filed for condoning the delay of 49 days from thereon in paying the deficit court fee. But no proper orders was passed and this came to light only when the matter came up before the Additional Sessions Judge on the case being transferred.