The court has the power to extend the time for payment of court fee beyond the period specified in S.4A, and the provisions in S.149 and O. VII R.11 CPC are supplementary to S.4A.

Ramakrishnan, J.

Has the Court power or jurisdiction to extend the time for payment of 9/10th Court fee payable under S.4A of the Kerala Court Fees and Suits Valuation Act (for short 'the act) beyond the period of 30 days provided under the proviso to that section even if there are sufficient reasons for nonpayment of court fee within that time is the point referred for decision by the Division Bench in that ease. A similar question regarding the power and jurisdiction of this Court and appellate courts in general under S.52 of the Act to extend the time for payment of 2/3rd of the Court fee required to he paid at the time of admission of the appeal has come up for consideration before a J Division Bench of this Court on a reference in Elizabeth. Francis (1991 (2) KLT779). The Division Bench has answered the reference by holding that this Court has power to extend the time beyond 30 days mentioned in the second proviso to S.52 of the Act taking note of the very wide powers granted to the Court under Ss.148 and 149 of the Code of Civil Procedure, especially S.149, in the matter of extending time fixed by the Court for payment of the required Court fee.

2. In the reference order in this case, the learned judge has taken the view that the decision in Elizabeth's case (supra) requires reconsideration. The main reason indicated by the learned judge for doubling the correctness of the decision in 's case (supra) and taking, a view in the Elizabeth's matter contrary to that taken by the Division Bench in the above case is that the provisions in Ss.4A and 52 of the Act are provisions really extending a concession to the litigant coupled with the obligation to make up the balance Court fee within the time stipulated in the respective Sections itself and no litigant can claim that he will take advantage of that limb of the provision which is to his advantage and will refuse to abide by the limb that is to his detriment or which is not to his advantage. In the light of the reference made, we have to consider once again the question as to what the court should do when a suitor asks for extension of time for payment of balance Court fee in view of the provisions in S.4A, the scheme of which is more or less similar to the scheme of S.52, though the earlier Division Bench has hopefully expected that their 'pronouncement may set at rest' that question.

3. The question referred may have to be decided with reference to S.4A of the Act and Ss.148 and 149 and 0. VII R.11 CPC, which are thus:

"Section 4A. Levy of fee at the time of institution of suit:- Notwithstanding anything contained in any other provisions of this Act, the amount of fee to be paid on plaint at the time of institution of suit shall be one-tenth of the amount of fee chargeable under this Act and the balance amount shall be paid within such period, not later than fifteen days from 'the date of framing of issues or where framing of issue is not necessary, within such period not exceeding fifteen days as may be specified by the Court:

Provided that the Court may for sufficient reasons to be recorded in writing extend the period up to thirty days.

Provided- further that if the parties settle the dispute within the period, specified or extended by the Court for the payment of the balance amount, the plaintiff shall not be called upon to pay such balance.

Section 148. Enlargement of time.- Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period, even though the period originally fixed or granted may have expired. Section 149. Power to make up deficiency of Court fees - Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court fees, has not been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case may be,