The court must always be cautious so as to protect the valuable right of parties to proceed with the suit or to defend it and shall not defeat the advancement of justice without knowing the actual impact and the purpose of Order VII Rule 11 CPC.

Headnote:
COURT FEES - ORDER VII RULE 11 CPC - SUIT REJECTED - The provision under Order VII Rule 11 CPC shall not be used as a device to have more disposal of suits without any adjudication. Such an easy method of disposal shall not be adopted. The jurisdiction under Order VII Rule 11 CPC shall not be exercised without granting ample opportunity to pay the required court fee.
Fact of the Case:

A suit for recovery of money was rejected under Order VII Rule 11 CPC, which is under challenge in this appeal.
Finding of the Court:

The court must always be cautious so as to protect the valuable right of parties to proceed with the suit or to defend it and shall not defeat the advancement of justice without knowing the actual impact and the purpose of Order VII Rule 11 CPC.
Issues: Whether the trial court erred in rejecting the plaint under Order VII Rule 11 CPC without affording reasonable opportunity to pay the balance court fee.
Ratio Decidendi: The provision under Order VII Rule 11 CPC shall not be used as a device to have more disposal of suits without any adjudication. Such an easy method of disposal shall not be adopted. The jurisdiction under Order VII Rule 11 CPC shall not be exercised without granting ample opportunity to pay the required court fee.
Final Decision: The appeal is allowed. The order (deemed decree) of the trial court is set aside. The suit will stand restored to the file of the trial court. Permission is granted to the plaintiff to remit the balance court fee within seven days from the date of appearance before the trial court.

JUDGMENT

A suit for recovery of money was rejected under Order VII Rule 11 C.P.C., which is under challenge in this appeal.

2. It is submitted that four days time alone was granted by two postings in order to pay the required court fee and the plaint was rejected under Order VII Rule 11 C.P.C. without affording reasonable opportunity to pay the balance court fee and thereby the trial court has curtailed the valuable right to proceed with the suit. It appears that the approach of the trial court cannot be sustained. The court must always be cautious so as to protect the valuable right of parties to proceed with the suit or to defend it and shall not defeat the advancement of justice without knowing the actual impact and the purpose of Order VII Rule 11 C.P.C. The provision under Order VII Rule 11 C.P.C. shall not be used as a device to have more disposal of suits without any adjudication. Such an easy method of disposal shall not be adopted. The jurisdiction under Order VII Rule 11 C.P.C. shall not be exercised without granting ample opportunity to pay the required court fee. The fact that four days time alone was granted by two postings would show the nefarious attitude in the disposal of the suit without adjudication. It is really against the system. Hence, it is necessary to alert the concerned officer properly. The order (deemed decree) of the trial court is hence set aside by allowing this appeal. The suit will stand restored to the file of the trial court. Permission is granted to the plaintiff to remit the balance court fee within seven days from the date of appearance before the trial court. The parties shall appear before the trial court on 04/02/2022.

The appeal is allowed accordingly. No cost.

The Registry is directed to send a copy of this judgment to the officer who passed the impugned order.

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