K. Ramakrishnan, J.

This is a petition filed by the petitioner challenging Ext. P4 order passed by the court below under Article 227 of the Constitution of India.

2. It is alleged in the petition that petitioner filed Ext. P1 suit as O.S No.153 of 2015 seeking a declaration that he has no liability to pay the balance amount as per the contract entered between the plaintiff and the first defendant on 31.7.2009 and for injunction from recovering the amount as directed by the second defendant. He paid 1/10th of total court fee payable along with the suit. The respondents filed written statement and issues have been framed and thereafter it was posted for remittance of the balance court fee. Since the petitioner could not pay the amount within the extended time of one month provided under Section 4A of the Kerala Court Fees and Suit Valuation Act, he filed Ext.P2 petition for enlargement of three months for remitting the balance court fee and produced Ext.P3 medical certificate to show that the reason for nonpayment of the court fee within time and the court below by Ext.P5 order granted time till 29.08.2016. Dissatisfied with the time granted, present petition has been filed by the petitioner before this Court.

3. Heard. Sri. K. Mohanakannan, counsel appearing for the petitioner, Sri. M. Vijaya Kumar, counsel appearing for the first respondent and Sri. S. Gopinathan, senior Government Pleader appearing for respondents 2 and 3.

4. Counsel for the petitioner submitted that court has got power under Section 149 of the Code of Civil Procedure to extend time beyond the period of one month and the petitioner is suffering from some illness and he underwent an operation incurring huge expenses. That was the reason why he could not remit the amount in time. Even for the treatment expenses he applied for assistance from the Karunya Benevolent Fund. So if some more time is granted, he may be able to pay the balance court fee and proceed with the case.

5. On the other hand, Sri. M. Vijayakumar, learned counsel appearing for the first respondent and Sri. S. Gopinathan, learned senior Government Pleader appearing for respondents 2 and 3 vehemently opposed the petition stating that court below has granted time under section 149 and the court cannot grant time beyond 30 days and that was what was done by the court. There is no illegality warranting interference under Article 227 of the Constitution of India.

6. It is an admitted fact that the petitioner filed O.S.No.123/2015 before Sub Court, Ernakulam for a declaration that he is not liable to pay the amount of Rs.25,55,151/- as calculated by the second respondent said to be the amount due from the plaintiff on the basis that the contract entered into between the plaintiff and the first defendant and prohibitory injunction from realisation of the amount. He had to pay a total court fee of Rs.1,38,024/- under the Kerala Court Fees and Suit Valuation Act for this purpose. He remitted one tenth of that amount namely Rs.13,803/- at the time of institution of the suit and he will have to pay Rs.1,24,221/- in order to proceed with the suit under section 4A of the Kerala Court Fees and Suit Valuation Act. Since he could not pay the amount within the time specified under section 4A of the Act, he filed Ext.P2 petition as IA.No.3355/2016 for extension of time of three months under section 149 of the Code of Civil Procedure. He had also produced Ext.P3 medical report and also Karunaya Benevolent Fund application to show that he was not having sufficient money for the time being even to meet the medical expenses for his treatment. So he wanted further time of three months to remit the balance court fee. But the court below has granted only time till 29.8.2016 by the impugned order.

7. Section 149 of the Code of Civil Procedure reads as follows:

149. Power to make up deficiency of Court-fees:- Where the whole or any part of any fee prescribed for any documents by the law for the time being in force relat