MOHAMMAD HANIF Vs. VIJAY PAL SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal against the judgment and decree dated 30th Aug., 1968 passed by I Temporary Civil and Sessions Judge, Meerut in Civil Appeal No. 326 of 1968.

(2.) Parties learned counsel have been heard.

(3.) The matter is in a very narrow compass. On 1-1-1968, the appellant filed a suit for recovery of Rs. 4,084 on the basis of pronote and receipt. Adhesive -court-fee stamp of Rs. 1.50 P. only was affixed on the plaint. The office reported that there was a deficiency of Rs. 548 on the plaint. The trial court directed the appellant to make good the deficiency in court-fee within 10 days. On 11-1-1968, it was found that the appellant had not taken any steps. Consequently, the trial court passed an order that the appellant should take steps within 15 days and that the appellants counsel be informed. On 27-1-1968, the appellant paid court-fee of Rs. 100 only and made an application for further time of two months for the ground that he was not able to arrange for the full court-fee. The trial court dismissed that application saying that there was no justification for grant of more time. Ultimately, thereafter the trial court rejected the plaint under Order 7, Rule 11 C.P.C. This order amounted to a decree under Sec. 2 (2) C.P.C. The appellant filed an appeal before the District Judge which was decided by I Temporary Civil and Sessions Judge on 30-8-68. The learned Judge dismissed the appeal on the ground that financial difficulties in procuring the amount of requisite court-fee could not be regarded as sufficient ground for granting or extending time to make good the deficiency in court-fee.