W.P. No.7956/2010 30.6.2010
Shri S.K. Jha, counsel for the petitioner.
This petition is directed against an order dated 12.5.2010
by the 3rd Additional District Judge, Jabalpur in Civil Suit No.37-
A/2008 by which the trial Court granted an opportunity to the
plaintiff for payment of court fees and rejected the application filed
by the petitioner under Order 7 Rule 11 CPC for rejection of the
plaint on the ground of non-payment of court fees.
Learned counsel for the petitioner submitted that it is a suit
for specific performance of the contract in which plaintiff has
sought various adjournment for the payment of court fees and is
unable to make payment of the same. It is submitted that the
plaintiff is lingering on the matter without any justified reasons
and the trial Court erred in granting time to the plaintiff for the
payment of court fees. From the perusal of the impugned
order, we find that the trial Court found the reason for extension
of time for payment of court fees justified and allowed the plaintiff
to make payment of the deficit court fees.
On being asked what was the reason for grant of time by
the trial Court for payment of court fees, learned counsel for the
petitioner submitted that the plaintiff stated before the trial Court
that the court fees stamp were not available so the time was
sought and it was allowed by the trial Court.
The aforesaid ground appears to be just and proper for
grant of time for payment of court fees. We do not find any error
in the impugned order warranting our interference under Art.227
of the Constitution of India. However, while dismissing this
petition, we observe that the trial Court shall not grant
unnecessary adjournment in future to the plaintiff for the payment
of court fees.
(Krishn Kumar Lahoti) (J.K. Maheshwari)
JUDGE JUDGE
W.P. No.7956/2010
30.6.2010
vj.