BHANU Vs. DALMIA AND CO

JUDGEMENT

(1.) THIS revision under Section 115 of the Civil Procedure Code has been filed by the plaintiff against the order of Shri S. R. Tiwari, Second Civil Judge, Chhindwara rejecting, by order dated 3-5-1957, the plaintiff-applicant's prayer for further extension of time for payment of the court-fees, after his application for permission to sue in forma pauperis was rejected and 15 days' time initially granted, had already expired.

(2.) BY order dated 9-4-1957, the trial Judge dismissed the plaintiff's application for permission to sue in forma pauperis, and by the same order, the plaintiff was granted 15 days' time to pay the requisite court-fees of Rs. 100/ -. The plaintiff, however, failed to pay the court-fees within the time initially granted. The plaintiff had purchased a court-fee stamp of Rs. 100/- on the 16th day of the said order dated 9-4-1957. The said stamp was filed in court by the plaintiff's counsel on 294-1957 i. e. on the 20th day.

(3.) THE learned trial Judge by an exhaustive and well written order dated 3-5-1957, after considering various authorities of different High Courts, came to the conclusion that he had no power to extend the time, beyond the one granted at the time of dismissing the pauper application. '