M.CHIDAMBARAM Vs. HUSIN CHAUNG

JUDGEMENT

(1.) The civil revision petition is directed against the fair and decreetal orders, dated 26.03.2009, passed in I.A.No.251 of 2004 in O.S.No.581 of 2002, on the file of the Principal Subordinate Court, Dindigul.

(2.) The petitioner has preferred the suit against the respondent for specific performance, on the basis of the reconveyance agreement. The respondent has preferred the written statement challenging the entitlement of the petitioner to seek and obtain the reliefs prayed for in the suit preferred by him. Pending suit, it is found that the respondent has come forward with an application in I.A.No.251 of 2004 seeking to reject the petitioner's suit on the footing that the petitioner has presented the plaint papers on 03.12.2001 only with a minimum Court fee of Rs.10/-, despite the availability of the stamp papers and also without obtaining the permission from the Court for the payment of the minimum Court fee and the balance requisite later, and the plaint papers having been returned by the Court, thereafter, the petitioner had re-presented the papers on 28.11.2002, two months after the expiry of the period of limitation for filing the suit, without preferring any application seeking extension of time for the payment of the deficit Court fee and therefore, the plaint presented by the petitioner is liable to be rejected and accordingly, prayed for the appropriate orders.

(3.) The petitioner has resisted the abovesaid application of the respondent contending that even though he had preferred the plaint papers with deficit Court fees, the plaint papers having been returned by the Court for compliance and thereafter, he had complied with the defects pointed out by the Court below and re-presented the papers along with the application to condone the delay in re-presentation under Section 148 of the Code of Civil Procedure and the same having been condoned by the Court below accepting the reasons given by the petitioner and accordingly, thereby, the Court below having accepted the delay in the payment of the deficit Court fee on the part of the petitioner, the respondent is not entitled to seek the rejection of the plaint, on the abovesaid ground, and the order passed by the Court below, in entertaining the application under Section 148 of the Code of Civil Procedure is deemed to be an order passed under Section 149 of the Code of Civil Procedure, accordingly, prayed for the dismissal of the application.