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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Ashok Saw Mill, through its Partners- Visanci Manilal Patel – Appellant
Versus
A. Chellappa & Co., through Chellappa, (died) – Respondent
| Table of Content |
|---|
| 1. factual background of commercial dispute (Para 1 , 2) |
| 2. defendants' defenses and claims (Para 4 , 5) |
| 3. defendants contested jurisdiction and limitation (Para 6 , 10 , 14) |
| 4. appellate court's examination of original decisions (Para 9 , 11 , 12) |
| 5. judicial discretion under section 149 cpc (Para 17 , 19 , 22) |
| 6. final verdict restoration of trial court decision (Para 36 , 38) |
JUDGMENT :
K. MURALI SHANKAR, J.
The Second Appeal is directed against the judgment and decree made in A.S.No.77 of 2011, dated 14.03.2014, on the file of I Additional District Court, Tirunelveli, reversing the judgment and decree passed in O.S.No.41 of 2007, dated 30.09.2011, on the file of the Principal Subordinate Court, Tenkasi.
2. The appellants are the plaintiffs, who filed the suit for recovery of the balance amount due from the defendants in respect of their commercial transactions.
3. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in their original suit.
4. The case of the plaintiffs is that the first plaintiff is a partnership firm, in which the other plaintiffs are its partners, and that they are engaged in the business of sale
Court has discretion under Section 149 to accept payment of deficit court fee at any stage, including after limitation, which cannot invalidate the suit if proper jurisdiction existed.
The Court has the discretion to extend the time for deposit of the court fee, and once the court fee is paid within the extended time, it would be treated as having been paid at the first instance.
The provisions of Section 148 and 149 of the Code of Civil Procedure are intended to apply to cases of bona fide mistakes and not where a party consciously and intentionally avoided putting in defici....
Court fee - Court can grant extension of time for payment of the balance court fee beyond a period of 30 days.
Conduct, behaviour and attitude relating to inaction/negligence by the appellant disentitle him to seek discretionary relief.
The delay in filing an appeal cannot be condoned without giving an opportunity of hearing to the opposite party. The exemption from payment of Court fee is applicable to 'plaint' only and not to 'mem....
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