PERIANAN CHETTY Vs. NAGAPPA MUDALIAR

JUDGEMENT

(1.) This is an appeal from an order of the District Judge reversing the order of the Mumsif allowing an application for an extension of time to pay extra fee before execution as directed in a decree, and allowing execution.

(2.) The original suit was for possession and rent of premises and stamp for the value of rent up to plaint amount only was paid. In the course of the proceedings, possession of the premises was given to the plaintiff and a decree was passed ultimately for the rent up to the time the premises were delivered, a fixed sum and ascertained costs, and at the end of the decree the words following were added - "And this Court doth further order and decree that plaintiff do pay Court fee for Rs. 4-14-0 on the subsequent rent awarded to him after plaint within 9 September 1904."

(3.) This fee the plaintiff did not pay within the time named. When, therefore, he sought execution of the decree, it was objected that he had not paid the Court fee as ordered. Thereupon he applied for an extension of time to pay the fee, and in the Munsif's Court time was given him and he paid the fee. On appeal the District Judge held that there was no power to extend the time, and he reversed the order of the Munsif and dismissed the plaintiff's application.