Bhagat ram Vs. Khekha Ram
EmailAppeal: Civil Appeal No. of 1987
(In S.L.P. 6440/87)
(In S.L.P. 6440/87)
Petitioner: Bhagat ram
Respondent: Khekha Ram
Apeal: Civil Appeal No. of 1987
(In S.L.P. 6440/87)
(In S.L.P. 6440/87)
Judges: A.P.SEN & B.C.RAY,JJ.
Date of Judgment: Sep 21, 1987
Head Note:
CIVIL PROCEDURE CODE, 1908:
Sections 148 and 151 – Enlargement of time – The Court has ample power under s. 148 to grant time to make good the deficit in court fees.
JUDGEMENT:
O R D E R
1. Special Leave granted. Arguments heard. No one appears for the respondent.
2. After hearing learned counsel for the appellant, we are satisfied that the High Court was in error in declining to interfere with the order passed by the learned Subordinate Judge. It failed to appreciate that the learned Subordinate Judge acted illegally and with material irregularity in the exercise of his jurisdiction in disallowing the application made by the appellant under s.148 read with s.151 of the Code of Civil Procedure, 1908 for grant of time to pay the deficit court fees on the objection raised by him. The Court had ample power under s.148 of the code to grant time to the appellant to make good the deficit in court fees.
3. Accordingly, the appeal succeeds and is allowed. The judgment and order of the Courts below are set aside. The appellant is granted one month’s time from today to make good the deficit. No costs.
Appeal allowed.
1. Special Leave granted. Arguments heard. No one appears for the respondent.
2. After hearing learned counsel for the appellant, we are satisfied that the High Court was in error in declining to interfere with the order passed by the learned Subordinate Judge. It failed to appreciate that the learned Subordinate Judge acted illegally and with material irregularity in the exercise of his jurisdiction in disallowing the application made by the appellant under s.148 read with s.151 of the Code of Civil Procedure, 1908 for grant of time to pay the deficit court fees on the objection raised by him. The Court had ample power under s.148 of the code to grant time to the appellant to make good the deficit in court fees.
3. Accordingly, the appeal succeeds and is allowed. The judgment and order of the Courts below are set aside. The appellant is granted one month’s time from today to make good the deficit. No costs.
Appeal allowed.
