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2007 Supreme(Mad) 218

S.ASHOK KUMAR
K. Kalisamy & Another – Appellant
Versus
R. Gowri – Respondent


Advocates:
For the Petitioners:Dr. A.E. Chelliah, Senior Counsel for Vasanthakumari Chelliah, Advocate. For the Respondent:R. Gandhi, Senior Counsel for R. Nagarajan, Advocate.

Judgment :-

As against the dismissal of the Interlocutory Application filed under Section Order 7 Rule 11(c) CRP to reject the Plaint, the revision petitioners/defendants have come forward with this revision petition.

2. The said I.A., has been preferred by the revision petitioners stating that the plaintiffs have not paid the entire court fee at the time of institution of the suit, and only paid the deficit court fee belatedly, that too without any orders being passed by the court in I.A.No:218 of 2003 filed by the plaintiffs for extension of time for payment of deficit court fee and therefore the plaintiffs have not paid the deficit court fee as per Section 149 CPC since it is time barred for payment of such deficit court fee and therefore the Plaint is liable to be rejected.

3. On the other hand, the respondent/plaintiff contended that the I.A.218 of 2003 has been admitted and allowed and thereafter only the deficit court fee has been paid and therefore there is no laches in payment of deficit court fee and the plea of limitation cannot be raised.

.4. The learned Additional District and Sessions Judge, Fast Track Court No.2, Coimbatore, on a consideration of the averments and


















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