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A. BADHARUDEEN
Baby – Appellant
Versus
Chandramathy – Respondent
JUDGMENT :
This Regular Second Appeal has been filed under Section 100 of the Code of Civil Procedure, challenging the decree and judgment dated 19.10.2020 in A.S.No.4/2018 on the files of the Additional District Court, Ottapalam arose out of decree and judgment in O.S.No.287/2014 on the files of the Munsiff Court, Ottapalam. The appellant herein is the defendant in the above suit and the respondent is the plaintiff.
2. Heard both sides.
3. I shall refer the parties in this regular second appeal as 'plaintiff' and 'defendant' for convenience.
4. As per the decree and judgment impugned in A.S.No.4/2018, the appellate court dismissed the appeal as under:
5. It is submitted by the learned counsel for the defendant that though, as on 28.11.2022, balance court fee remitted and a petition filed under Section 151 of CPC to restore the appeal, the said application also was dismissed. Thereafter, the present appeal has been filed. The learned counsel for the defendant prayed for an opportunity to hear the first appeal on merits, after setting aside the verdict impugned.
6. The learned counsel for the plaintiff submitted that the contention
The appellate court has the power to reject an appeal for non-payment of balance court fee as provided under Order VII Rule 11(c) read with Section 107(2) of CPC.
Appeal dismissed for non-payment of balance court fee, mandatory for maintainability.
Court can exercise discretion to accept late court fee payments based on unintentional errors by counsel.
Court fee - Court can grant extension of time for payment of the balance court fee beyond a period of 30 days.
Question to be decided in such an appeal was only the propriety of the order of the trial court rejecting the plaint for want of payment of the balance court fees within the permitted time
Court fees must be paid for an appeal to be valid; failure to pay leads to rejection.
The provisions of Section 148 and 149 of the Code of Civil Procedure are intended to apply to cases of bona fide mistakes and not where a party consciously and intentionally avoided putting in defici....
The court applied the principle that the provisions for determining and levying court fees on the plaint in suits also apply to the determination and levy of court fee in respect of a memorandum of a....
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