Judgement

ORDER :- The petitioners filed Money Suit No. 144 of 1973 in the court of the Munsif, Jajpur for recovery of Rs. 2,046.06. They filed their plaint with deficit court-fee and took time to pay the balance. Time was granted till 12-7-1973 for payment of court-fee. In default of payment of court-fee on 12-7-1973 the plaint was rejected under O. 7, R. 11, Civil P. C.

2. The petitioners thereafter filed an application under Section 151, Civil P. C. for recalling the order dated 12-7-1973 and to permit them to pay the deficit court-fee. This petition of theirs was registered as Misc. Case No. 147 of 1973. The ground shown for recalling the order was that the petitioner No. 1 Balaram Naik was looking after the case on behalf of all the petitioners in the trial court and he fell ill with filarial fever and become completely immobile four days before the date fixed for payment of court-fee and in consequence of such illness he was not able to take steps for payment of court-fee on the scheduled date.

3. The petitioner No. 1 examined himself and one witness in proof of his illness since 8-7-1973 till 12-7-1973. Though the learned Munsif was inclined to accept this plea of illness, neve