Section 149 of CPC

2008(2) TLNJ (Civil) – Page 96

Section 149 of CPC & Section 4 of Tamilnadu Court Fees and Suits valuation Act 1955 – (Payment of court fee without notice to defendant) A money suit was represented with required court fee – Plaint admitted without notice to defendant – during trial defendant sought rejection of suit – filed application under Order 7 Rule 11 of CPC – dismissed – on revision High court opined that where the time granted to pay the deficit court fee within the period of limitation the defendant need not be heard-otherwise when noticed, the court should frame an issue relating to limitation due to non-payment of court fee along with plaint – permit parties to lead evidence and decide the issue – directions given to trial court.