1. This Civil Revision Petition is filed under Article 227 of the Constitution of India by the petitioner, who is the plaintiff in a suit for recovery of money based on a promissory note. He is aggrieved against the order passed by the Court below in I.A.No.354 of 2007 dated 15.10.2009 wherein and whereby the application filed under Sections 148 and 151 CPC was dismissed.

2. The short facts culled out from the pleadings are as follows:-

The respondent herein borrowed a sum of Rs.75,000/-from the petitioner on 17.6.2004 and executed a promissory note on the same day promising to repay the said sum with interest on demand by the petitioner. As the respondent did not pay the said sum, in spite of a notice issued by the petitioner on 12.11.2005, the petitioner came forward with the above said suit and filed the same on the file of the Principal Sub-Court, Gobichettipalayam on 10.4.2007. While filing the said suit, the petitioner has paid a sum of Rs.7,523/- towards the Court fee. As the Court below has found that the Court fee paid is deficient, the plaint presented by the petitioner was returned on 16.4.2007 by granting two weeks' time for payment of the deficit court fee. Ad