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2008 Supreme(Mad) 4609

M.VENUGOPAL
A. Gurunathan @ Sivaji – Appellant
Versus
J. Muthulakshmi & Others – Respondent


Advocates Appeared:
For the Petitioner:S.V. Jayaraman, Senior counsel, M/s K.S. Jayaganesan, Advocates.
For the Respondents:V.K. Muthusamy, Senior Counsel, M.M. Sundaresh, Advocates.

Judgment :-

1. The revision petitioner/petitioner/94th defendant has filed this civil revision petition as against the orders dated 14. 2008 in I.A.No.130 of 2008 in O.S.No.74 of 2007 passed by the Additional District Judge and Fast Track Court No.1, Erode in dismissing the application filed by the revision petitioner herein praying to reject the plaint under Order 7 Rule 11(c) and Section 151 of CPC.

2. The trial Court, while passing order in I.A.No.130 of 2008 has inter alia opined that without filing the application under Section 149 of CPC praying to condone the delay in regard to the payment of deficit Court Fee, the act of receiving the Court Fee by the Court is an irregular one but the same is not illegal and resultantly dismissed the application.

3. The learned senior counsel for the revision petitioner contends that the order of the trial Court in dismissing I.A.No.130 of 2008 is contrary to law and that the trial Court has failed to note that it erred in law in extending the time for payment of Court Fee without any application being filed for such extension and moreover the extension of time for payment of Court Fee is not an automatic and that when the payment of Court





















































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