MANDADI KRISHNA REDDY Vs. GUGGULA SREENIVAS REDDY

JUDGEMENT

(1.) Revision petitioner is the defendant in OS No.31 of 2004 on the file of the Court of n-Additional Senior Civil Judge, Warangal.

(2.) The plaintiff/respondent herein filed OS No.31 of 2004 seeking a decree for recovery of Rs.2,77,500/- alleged to be due from the defendant. Whereas the Court fee payable on the plaint was Rs.5,226/-, admittedly the plaintiff presented the plaint along with a Court Fee of Rs.1,000/-. The plaint was presented on 7-5-1997 and the same was returned on 17-6-1999 granting seven days time for complying with the objections including the payment of deficit Court fee. The plaint was resubmitted on 13-2-2003 along with IA No.571 of 2003 filed under Section 148 of C.P.C. seeking to condone the delay of 1,329 days in resubmitting the plaint. The Counsel for the plaintiff who has sworn to the affidavit filed in support of the said application stated that for want of certain information from the party, the plaint could not be resubmitted in time and that the delay is not intentional. It is relevant to note that even while resubmitting the plaint on 13-2-2003, the deficit Court fees was not paid. The Court below ordered notice to the defendant on the said application. The defendant filed counter-affidavit stating that no sufficient cause has been made out to condone the inordinate delay in representing the suit and at any rate since the party failed to give any affidavit, the application cannot be maintained and that it is nothing but abuse of the process of the Court.

(3.) The Court below having heard both sides though held that the plaintiff was not showing any interest in prosecuting the suit and that he did not choose to comply with the office objections even after lapse of 1329 days, concluded that he is inclined to give one more opportunity to the plaintiff for complying with the objections including the payment of deficit Court fee. Accordingly, I.A. No.571 of 2003 was allowed subject to the condition that the plaintiff shall comply with the objections pointed out by the Court on 17-6-1999 including the payment of the deficit Court fees of Rs.4,226/- on or before 19.1.2004 failing which the petition stands dismissed. The said order dated 7.1.2004 is under challenge in this revision petition.