S A KHADEER Vs. G V R ANJANEYULU

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 25-1-2001 made by the Senior Civil Judge, Vijayawada in numbering the suit by accepting the deficit Court fee pursuant to the order dated 8-12-2000 made in I.A. No.1941/2000 by extending further time for payment of the requisite Court fee.

(2.) The plaintiff filed the suit against the petitioner herein for recovery of the money based on the pronote executed on 2-11-1997. The plaint was presented on 2-11-2000 by paying Court fee of Rs.100/- out the Court fee of Rs.5,026/- payable by the plaintiff. The plaintiff filed the application under Section 148 read with Section 151 Code of Civil Procedure to grant 15 days time to file the necessary Court fee. On 2-11-2000 i.e. the date on which the plaint was presented, it is stated in the accompanying affidavit filed in support of the said application filed under Section 148 R/W Section 151 CPC which was numbered as I.A. No. 1740/2000 that he returned from Hyderabad and found that day (2-11-2000) is the last date for filing the suit as such there is no time to secure the money for Court fee and he could not be able to affix the Court fee and prayed for grant of 15 days to pay the Court fee for the above said suit. On the said application, the Court below considered his application filed in I.A. No. 1740/2000 and granted 15 days time till 17-11-2000. He has not complied with the said order but came up with another, application in I.A. No. 1869/2000 under Section 148 r/w Section 151 CPC to grant further time of 15 days to pay the deficit Court fee. The said application was filed on 17-11-2000 and the reasons stated in the said application was that he filed petition seeking time for payment of deficit Court fee and as such the Court granted time for 15 days but he could not be able to secure money to pay deficit Court fee even on 17-11-2000 and, therefore, he may be granted further time of 15 days to pay the deficit Court fee. The said application was considered and again granted 15 days time till 30-11-2000 to pay the deficit Court fee. On 30-11-2000, he has filed another application in I.A. No. 1925/2000 to grant further time of 15 days to pay the deficit Court fee as he could not secure the money in spite of his best efforts to pay the deficit Court fee and, therefore, he may be granted further time of 15 days. The said application was also considered and that being the third application, 3 days time was granted to pay the deficit Court fee by order dated 7-12-2000. The respondent filed another application I.A. No.1941/2000 on 6-12-2000 to grant 3 more days time to pay the deficit Court fee and the said application was considered under Sections 148 and 151 of CPC and granted 3 days time for payment of the deficit Court fee by order dated 8-12-2000. Thereafter, the deficit Court fee was paid and the suit was numbered as O.S. No.23/2001 by order dated 25-1-2001. Questioning the said proceedings of the Court below, the Civil Revision Petition is filed by the defendant.

(3.) A counter has been filed by the plaintiff stating that the application for permission to defer the payment of the deficit Court fee was filed along with the plaint and the plaint was returned on 14-12-2000 and it was represented on 17-12-2000 and again time for payment of deficit Court fee was sought for and it was granted ultimately and the suit was numbered after payment of deficit Court fee and the delay in payment of deficit Court fee was mainly due to nonavailability of stamps at Vijayawada. Any way it is not a matter, which can be considered under Article 227 of Constitution of India.