K.V.SANKARANARAYANAN, T.V.RAMAKRISHNAN
Shajahan – Appellant
Versus
Kamala Narayanan – Respondent
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
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