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JYOTI SINGH
Kamlesh Gupta – Appellant
Versus
Vakeel Ahmad – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
1. Petitioner has filed the present revision petition laying a siege to an order dated 20.08.2019 passed by the Trial Court by which the application filed by the Petitioner under Order VII Rule 11 CPC has been dismissed. Petitioner herein is the Defendant before the Trial Court while the Respondent is the Plaintiff and parties hereinafter are referred to by their litigating status before the Trial Court.
2. From the facts captured in the revision petition it emerges that Defendant preferred a suit bearing No. 29/2014 against the Plaintiff herein for recovery of possession, arrears of rent, damages/mesne profits, use and occupation charges and permanent and mandatory injunction, wherein Plaintiff admitted that he was in possession of the suit property albeit by virtue of having made part payment towards purchase of the property and sought protection under Section 53A of Transfer of Property Act, 1882. The suit was decreed on 28.0.2015 and all reliefs, save and except, the relief of mandatory injunction were granted in favour of the Defendant. Both parties filed cross- appeals. Defendant appealed against the non-grant of mandatory injunction, but the
The Court has the discretion to extend the time for deposit of the court fee, and once the court fee is paid within the extended time, it would be treated as having been paid at the first instance.
Court has discretion under Section 149 to accept payment of deficit court fee at any stage, including after limitation, which cannot invalidate the suit if proper jurisdiction existed.
The court emphasized the importance of jurisdiction and the limitations on the defendant's right to move superior courts against the order adjudging payment of court-fee payable on the plaint.
Court fee - Court can grant extension of time for payment of the balance court fee beyond a period of 30 days.
Section 70 of the Act comes into play only when there is no adjudicatory process.
Section 2 (2) C.P.C which defines the expression “decree” and thereafter held that definition of decree in Section 2 (2) C.P.C shall be deemed to include an order rejecting a plaint.
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