This CRP is filed by the defendant as against the dismissal of the I.A., filed by him under Order 7, Rule 11(c) CPC, to reject the plaint as proper court fee has not been paid as stipulated in the provision and the same has been paid after the period of limitation of the suit.

2. The suit has been filed by the respondent/plaintiff for recovery of amount based on a promissory note allegedly executed by the petitioner/defendant. Pending the suit the defendant filed the I.A., stating that the suit is barred by limitation. According to him, the suit has been filed on 26. 2005 and on the date of presentation of the plaint, the sit has been filed with insufficient stamp of Rs.100/= only. Hence the suit was returned on the next day i.e, 26. 2002 for payment of proper court fee by granting two weeks time for re-presentation. On 19. 2005 the plaint was represented along with an I.A.No:983 of 2005 dated 20.9.2005 to condone the delay of 69 days in representation of the plaint only. On that the deficit court fee was paid and the plaint was ordered to be numbered by the trial court. But no application has been filed seeking permission of the court to present the plaint with deficit