SATYABADI HOTA Vs. JAGANNATH MISRA

JUDGEMENT

(1.) THIS civil revision is directed against an order of the learned Subordinate Judge of Puri dismissing an application under Section 151, Code of Civil Procedure for restoration of a plaint which had been rejected for non -payment of Court -fees.

(2.) THE Petitioner -Petitioner filed Money Suit No. 366 of 1972 for realisation of Rs. 9,397/ - alleged to have been borrowed by the Defendants from him on 14 -1 -1969 on the basis of a hand -note. The plaint was presented on 14 -11 -1972 with a Court -fee of Re. 0.05 p. only. The hand note alleged to have been executed by the Defendants was not filed along with the plaint. Although afforded ample opportunity to pay the required Court -fee and to file the suit handnote the Petitioner did not do so with the result that the plaint was eventually rejected on 16 -1 -1973. The Petitioner then made an application purporting to be under Section 151, Code of Civil Procedure for restoration of the suit. The application was allowed on 4 -7 -1973 on condition that the Petitioner paid the requisite Court -fee on plaint by 16 -7 -1973 failing which the miscellaneous case under Section 151, Code of Civil Procedure would be deemed to have been automatically dismissed. On 16 -7 -1973 the Petitioner filed a petition praying for extension of time to pay the Court -fees. The learned Subordinate Judge was not satisfied with the grounds stated in toe petition. Accordingly, he rejected the petition and dismissed toe miscellaneous case under Section 151, Code of Civil Procedure. It is against this order that the present Civil Revision has been preferred.

(3.) I am also not satisfied that the impugned order suffers from any jurisdictional errors envisaged under Section 115, Code of Civil Procedure.