JAYDEB MUKHERJEE Vs. WILLIAM JACKS

JUDGEMENT

(1.) : The plaintiff is the petitioner before us in this revisional application. The order impugned is one dated January 14, 1981, passed by the learned Subordinate Judge, Second court, Alipore, rejecting an application under section 151 of the Code of Civil procedure filed in Money Suit No. 12 of 1980. The plaintiff filed the aforesaid application praying for an order recalling the earlier order dated December 15, 1980, passed by the same court rejecting the plaint for nonpayment of the court fees.

(2.) IT is not in dispute that the plaintiff instituted the aforesaid suit claiming a huge amount exceeding Rs. 1,50,000/ -. He filed the suit paying the deficit court fee of Rs. 5/- only on April So, 1980. Having obtained thereafter three dates for paying the balance court fees he paid court fee of Rs. 50/- only towards the balance on July 15, 1980, and then again prayed for time to pay the balance. Having obtained two adjournments for the purpose he again paid court fee of Rs. 50/- only on September 5, 1980; he then again obtained two more adjournments to pay court fee of Rs. l,500/- on November 11, 1980. Even then the court fee paid was not sufficient for the claim laid in the suit. In that view the learned Judge directed the plaintiff to deposit the balance positively by december 15, 1980. But on that date the plaintiff paid court fee of the value of rs. 500/- only still leaving Rs. 782. 50 as deficit. An application for further extension of time to pay the court fee having been rejected, the plaint itself was rejected by an order passed on that date, namely, on December 15, 1980.

(3.) KEEPING the balance yet outstanding the plaintiff filed an application under section 151 of the Code for recalling the aforesaid order of rejection of the plaint dated December 15, 1980, and for giving him another opportunity to pay the balance court fee. In this application the only ground pleaded was that he had not the financial capacity to pay the entire court fee earlier for which he had been taking extension of time and lately on December 15. 1980, he was lying ill and could arrange for paying the court fee of the value of Rs. 500/- out of the deficit but not the entire one. The learned Subordinate Judge rejected this application under section 151 on the ground that the application does not make out any sufficient reason for recalling the order of rejection of the plaint. According to the learned Subordinate Judge the plaintiff was given more than sufficient chance to pay the deficit court fee from time to time covering eight months and when he had failed to pay the entire defect court fee even when the court had given him three last chances the ground pleaded in the application under section 151 was not considered to be sufficient ground by the learned Subordinate Judge. The application was accordingly dismissed. Hence, the present revisional application. The revisional application is being heard on contest on notice to the defendant.