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1988 Supreme(Ori) 151

P.C.MISRA
ANDHRA BANK, BHANJANAGAR – Appellant
Versus
SUSANTA KUMAR MISHRA – Respondent


Advocates Appeared:
B.RATH, K.B.PANDA, M.K.C.RAO, R.P.MOHAPATRA, S.N.MOHAPATRA

P. C. MISRA, J.


( 1 ) THE plaintiff in Money Suit No. 6/87 of the court of Subordinate Judge, Bhanjanagar whose application in M. J. C. No. 7/88 for restoration of the suit dismissed for non-payment of the court-fee was rejected is the petitioner in this revision. Admittedly the plaint was rejected for non-payment of Court fee on 6-1-1988. In the application for restoration of the suit it was stated that due to non-availability of higher denomination of the required court-fee amounting to Rs. 2072/- the plaintiff could not file the court-fee within the time permitted by the Court. The court though expressed doubts, did not disbelieve the factual grounds taken to explain the default in payment of court fee, but rejected the application for restoration on the ground that it had no jurisdiction under Section 151, C. P. C. to grant the relief of restoration prayed for. Another ground of rejecting the application of the plaintiff is that it was not verified. During the course of argument of this revision, learned counsel appearing for the defendant-opposite party while supporting the impugned order fairly conceded that the rejection of the application on the ground that it was not verif




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