FAKKIR MOHAMED IBRAHIM KALIFULLA
A. Sakthivel – Appellant
Versus
V. A. Shanmogavel – Respondent
The challenge in this revision is to the order of the court below dated 6.8.2002 in I.A.No.17036 of 2001 in O.S.No.2676 of 2001 rejecting the petitioner's application filed under Order 7 Rule 11 of C.P.C. According to the petitioner, the respondent who filed a suit based on an alleged pro-note executed by the petitioner, filed the same with deficit court fee though within the prescribed time limit, that the permission granted by the court below in its order dated 20.12.2000 in I.A.No.1752 of 2000 by condoning the delay in the payment of deficit court fee of Rs.10,000.50 was not in order and therefore the plaint was liable to be rejected by the court below. However, the court below, on finding that the suit was filed within the prescribed time limit and the deficit court fee having been paid on 31.3.2000 when I.A.No.1752 of 2000 was filed seeking condonation of delay in payment of deficit court fee, allowed the said application on 20.12.2000. In my view, it cannot be held that there was any scope for invoking Order 7 Rule 11 in order to reject the plaint. I am fully in agreement with the reasoning of the court below . On a reading of Order 7 Rule 11 C.P.C., I find that u
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