AMALENDU SEN Vs. SUCHITRA ROY

JUDGEMENT

(1.) The respondent herein, as plaintiff, had filed a civil suit being Title Suit No. 195 of 1987 in the Court of Assistant District Judge, Guwahati which was registered on 30th October, 1987. There was deficit Court Fee to the tune of Rs.937.85 and the plaintiff was granted time to make up the deficit Court Fee upto 3.1.1988. On 3.1.1988 the plaintiff by separate application prayed for more time to make up deficiency in the payment of Court Fee. Time was granted upto 19.5.88. On 19.5.88 the plaintiff was granted further time upto 21.5.1988 However, the Court was closed on that date and the case was fixed for payment of deficit Court Fee on 28.5.1988. On 28.5. 1988 the following order was passed:

(2.) On 17.8.88 the plaintiff filed another petition No. 4894 under Section 151 CPC that the Court Fee may be allowed to be paid and the case be restored. The Court passed an order on 17.8.88 in the following term:

(3.) The learned counsel for the petitioner argued that the trial of the suit by the Court is wholly without jurisdiction as the very basis of the suit is illegal, inasmuch as, after rejecting the plaint under Order 7 Rule 11 CPC the same has been restored under Section 151 CPC whereas remedy with the plaintiff was only to file an appeal against the order or rejection of the plaint on the basis of non-payment of Court Fee, as the rejection itself amounts to a decree.