SURAJMAL & ANR Vs. RAMESH CHANDRA

JUDGEMENT

(1.) This revision petition is directed against order dated 19.4.14 passed by the Additional District Judge No.2, Bhilwara in Civil Suit No.81/13(157/13), whereby while allowing an application preferred by the plaintiff under Section 151 CPC, the time granted for filing the deficient court fee stands extended.

(2.) The relevant facts are that the respondent-plaintiff filed a suit for specific performance of contract against the petitioner-defendant. The petitioner-defendant preferred an application under Order VII Rule 11 CPC, seeking rejection of the plaint on the ground of insufficiency of the court fee paid.

(3.) The application was disposed of by the trial court vide order dated 28.3.14, granting 15 days time to the plaintiff to file the deficient court fee. The plaintiff could not file the deficient court fee within the stipulated period and therefore, moved an application under Section 151 CPC, for extension of time to file the deficient court fee, as directed by the court on 28.3.14. The application has been allowed by the trial court by the order impugned and the plaintiff has been granted two weeks further time to do the needful. Hence, this petition.