LAWS(ORI)-2018-2-73

BHAGYADHAR DAS Vs. STATE OF ODISHA AND ORS

Decided On February 12, 2018
Bhagyadhar Das Appellant
V/S
State Of Odisha And Ors Respondents

JUDGEMENT

(1.) Heard Shri Nilakantha Jujharsingh, learned Counsel appearing for the petitioner and Shri K.K. Mishra, learned Counsel appearing for the opposite parties. This matter involves rejection of an application under Section 149 of the Code of Civil Procedure, thereby rejecting the request of the plaintiff-petitioner to allow him some installments in making payment of the Court fees for the plaint purpose.

(2.) There is no dispute by the plaintiff-petitioner in the matter of payment of Court fees, but for the heavy amount involved therein, the plaintiff-petitioner seeks relief of installments in the matter of payment of Court fees.

(3.) Under the above circumstance and taking this Court to the observations made by the trial Court, Shri Jujharsingh, learned counsel appearing for the petitioner making reference to the power of the Court under Section 149 of C.P.C., contended that the Court has ample power to grant instalments and/or directs the parties to have a part payment in the proceeding of the suit.