ORDER :

The instant civil first appeal has been filed by the appellant-plaintiff under Section 13 of the Commercial Court Act, 2015 readwith Section 96 of the CIVIL PROCEDURE CODE , 1908 against the judgment and decree dated 20.08.2019, passed by the Commercial Court No.3, Jaipur in Civil Suit No.194/2018 titled as M/s. Mahesh Rajiv and Company v. RIICO and Others, whereby suit filed by the plaintiff has been dismissed due to non- deposition of the requisite Court fees in compliance of the order passed by the Commercial Court on 18.07.2019.

2. Learned counsel for the appellant-plaintiff at the outset submitted that the suit filed by the appellant-plaintiff was for recovery of Rs.1,25,73,286/- and claim of the earnest money of Rs.24,15,556/- illegally withheld by the defendants-respondents.

3. Learned counsel for the appellant submitted that though time was granted by the Commercial Court to deposit Court fees of Rs.3,78,590.72/- as per Section 21 of the Rajasthan Court Fees and Suits Valuation Act, 1961 (hereinafter read as 'the Act of 1961'), however, the appellant had only paid Rs.60 as Court fees.

4. Learned counsel submitted that an application was filed on behalf of the respondents-defendants under Order 7, Rule 11 CPC read with section 151 CPC, whereby objection was taken that suit of the appellant was not maintainable in view of non- compliance of provisions contained in Order 7, Rule 11 CPC Clause (b) and (c).

5. Learned counsel for the appellant submitted that on an application filed by the respondents-defendants, the Court below had granted 30 days time to file the requisite court fees.

6. Learned counsel for the appellant submitted that the appellant-plaintiff in spite of making best efforts, could not arrange the requisite money for paying the Court fees and as such, the Court below due to non-compliance of the order dated 18.07.2019 granting 30 days time to deposit the Court fees, has passed the impugned order dated 20.08.2019, dismissing the suit filed by the appellant-plaintiff.

7. Learned counsel while preferring the present appeal, initially did not pay the Court fees at the time of filing the present appeal, however, on advice being given to the appellant, the requisite Court fees of Rs.3,78,590.52/- has been paid before this Court.

8. Learned counsel submitted that the appellant is interested in prosecuting his remedy before the Civil Court and if on account of financial hardship, the Court fees was not deposited within a stipulated time, this Court has ample power to allow the present appeal by permitting the Court fees, so deposited by the appellant-plaintiff, to be treated as the Court fees being paid in the Civil Court and as such, prayer is made that this Court may exercise its power under Section 62 of the Act of 1961 by allowing the appeal and the Court fees paid along-with the memorandum of appeal, may be permitted to be deposited before the Civil Court.

9. Learned counsel for the appellant also places reliance on the judgment passed by the Karnataka High Court in Regular First Appeal No.315/2010 titled as Smt.Tulasamma K and Ors. v. Sri Jassaram and Ors. decided by the Division Bench on 07.12.2011.

10. Per contra, learned counsel appearing for the respondents-defendants-RIICO Mr.Gajendra Vyas submitted that the order passed by the Commercial Court dismissing the suit filed by the appellant, may not be interfered by this Court.

11. Learned counsel submitted that at first instance while filing the suit, it was necessary that the requisite Court fees ought to have been paid by the appel