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1981 Supreme(Cal) 112

A.K.SEN, B.C.CHAKRABARTI
JOY DEB MUKHERJEE – Appellant
Versus
WILLIAM JACKS AND CO. (INDIA) LTD. – Respondent


Advocates Appeared:
P.K.Chatterjee, S.K.GHOSAL, S.N.TAGORE, S.SINHA

ANIL K. SEN, J.

( 1 ) THE plaintiff is the petitioner before us in this revisional application. The order impugned is one dated Jan. 14, 1981, passed by the learned Subordinate Judge, Second Court, Alipore, rejecting an application under Section 151 of the Code of Civil Procedure filed in Money Suit No. 12 of 1980. The plaintiff filed the aforesaid application praying for an order recalling the earlier order dated December 15, 1980, passed by the same Court rejecting the plaint for non-payment of the court-fees.

( 2 ) IT is not in dispute that the plaintiff instituted the aforesaid suit claiming a huge amount exceeding Rs. 1,50,000/ -. He filed the suit paying the deficit court-fee of Rs. 5/-only on April 30, 1980. Having obtained thereafter three dates for paying the balance court-fees he paid court-fee of Rs. 50/- only towards the balance on July 15, 1980, and then again prayed for time to pay the balance. Having obtained two adjournments for the purpose he again paid court-fee of Rs. 50/- only on September 5, 1980; he then again obtained two more adjournments to pay court-fee of Rs. 1,500/- on November 11, 1980. Even then the court-fee paid was not sufficient for the claim lai





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