(1.) Heard Mr. Sudeep Seth, learned counsel for revisionists as well as Mr. A.P. Singh Gaur duly assisted by Mr. Prashant Singh Gaur, learned counsel for respondents and perused the records.
(2.) The instant civil revision filed under Section 115 of the Code of Civil Procedure, 1908 (for short 'CPC') arises against the order dated 17.7.2013 passed by the learned Civil Judge (Senior Division), Court No. 24, Lucknow in Regular Suit No. 35 of 2009 (Rakesh Kumar Gupta Vs. Ravindra Kumar Gupta and Others) whereby the Court fee submitted on 24.4.2013 through the application (C-62) by the respondents-plaintiff was accepted without, there being any application for condonation of delay in filing the Court fee or extension of time to deposit the same and the application (C-57) filed under Order VII Rule 11 read with Section 151 CPC was rejected.
(3.) The legal question which cropped up in the present revision for consideration is whether the learned Trial Court was correct in accepting the said Court fee in absence of any application for condonation of delay in depositing the Court fee within the time provided by the Court or application for extension of time to deposit the same and without recording the satisfaction that plaintiff was prevented by any cause of exceptional nature from depositing the Court fee within time fixed by the Court.