JAMNIBAI WD/O MANNULAL Vs. BALKISHANDAS VITHALDAS GUPTA

JUDGEMENT

(1.) THE revision is directed against the order dated 14-2-1997 passed on an application Under Section 149 of the Code of Civil Procedure (for brevity hereinafter referred to as 'the Code' ). By this Application the applicant has prayed for paying the Court-fees within a period of 2 months as the objection of the plaintiff in respect of the Court-fees liability was rejected. The Court earlier on 7-2-1997 granted 7 days time. Thereafter the case was posted on 14-2-1997, on which date the application was made Under Section 149 of the Code for extension of time by 2 months.

(2.) NOTICE of the revision-application is given to the learned State counsel as it is the State who would be gainer or sufferer in the event of Court-fees paid/not paid. The plaintiff is not claiming any relief in regard to her non-liability to pay the Court-fees. Her prayer is only for extension of time. It is not a case where notice is necessary to all the persons as the State C. R. No. 633 of 1997 decided on 15-4-1997. (Jabalpur) is proper person. Learned State counsel, Shri A. P. Shukla does not propose to file any counter affidavit or reply as no interest of the State is going to be adversely affected if for payment of Court-fees time is extended.

(3.) HEARD the learned counsel for the applicant-plaintiff, Shri R. D. Hundikar and the learned State Counsel Shri A. P. Shukla.