G CHANDRASCKHARA REDDY Vs. RAYALASEEMA GRAMEENA BANK KURNOOL

JUDGEMENT

(1.) This Revision is filed by the Judgment- Debtor in E.P.No. 115/97 in S.C.No. 340/91 on the file of the Principal Senior Civil Judge, Kurnool.

(2.) Small Cause Suit, S.C.No. 340/91, filed by the respondent No. 1 against the petitioner as well as the 2nd respondent was decreed. On the ground that the whereabouts of the 2nd respondent, who is the principal debtor, are not known, the 1st respondent had chosen to initiate execution proceedings against the petitioner.

(3.) Before the executing Court, the petitioner raised several contentions. One of the principal contentions was that initially the suit was filed by paying a Court fee of Rs. 21- as against the requisite Court fee of Rs. 501/-, The plaint so presented was returned granting seven days time to the plaintiff to pay the deficit Court fee. The same was not paid within the stipulated time. An application in I.A.No. 573(A)/91 was filed for condonation of delay of 43 days in paying the deficit Court fee, the same was ordered and the deficit Court fee was paid. It was the contention of the petitioner herein before the executing Court that had the plaint been presented on the day on which the deficit Court fee was paid, it would have become barred by limitation. On that count, the very decree is a nullity. The second contention was that the trial Court condoned the delay in payment of the deficit Court fee without notice to the petitioner. These contentions were repelled by the executing Court. Recording a finding that the petitioner, though possessing sufficient means and capacity, hag not paid the decretal amount, ordered him to be sent to the civil prison on his failing to pay the amount by 29-10-1999. It is the said order that is sought to be revised in this C.R.P.