Manmohan Sarin, J.

( 1 ) BY this judgment, IA. No. 729/2003, under Section 151 for condoning the delay in refiling the suit after removal of objections and IA. No. 1925/2003, under Section 149 CPC for extension of time in payment of the deficit court fee are being decided.

( 2 ) THE facts giving rise to the above applications may be briefly noted:-

(I)PLAINTIFF on 10. 10. 2002, filed this suit for recovery of Rs. 75 lacs together with pendente lite and future interest @ 18 per cent per annum and costs against the defendant. It was filed with an urgent application, affixing court fee of Rs. 2. 75 paise and court fee of Rs. 2. 75 paise, being affixed on the memo of parties. On 19. 10. 2002, the registry returned the suit with the following objection, " that ad valorem court fee should be paid, might be returned to be refiled within one week. " Suit was one for recovery simplicitor and the value of the suit for purposes of court fee and jurisdiction had been given in the plaint at Rs. 75 lacs by the plaintiff.

(II)PLAINTIFF filed IA. 729/2003 on 7. 1. 2003 for condonation of delay, stating that counsel requested the plaintiff to send the money for payment of deficit court fees. The sam

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