JAMNI BAI Vs. BALKISHAN DAS GUPTA

JUDGEMENT

(1.) THE revision is directed against the order dated 14.2.1997 passed on an application u/s. 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 7.2.97 granted 7 days time. Thereafter the case was posted on 14.2.97, on which date the application was made u/s. 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 extention of time. It is not a case where notice is necessary to all the persons as the State 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.) SECTION 149 of the Code confers power on the Court to extend the time for affixing proper Court -fee. Section 149 of the Code reads as under: - 149. Where the whole or any part of any fees prescribed for any document by the law for the time being in force relating to Court -fees has not been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fees is payable, to pay the whole or part, as the case may be of such Court -fees; upon such payment the document, in respect of which such fee is payable, shall have the some force and effect as if such fee had been paid in the first instance.