Deficit Court Fees

2009(6) CURRENT TAMILNADU CASES – Page 92

Sections 148 & 149 & Order 7 Rule 11 of CPC – Suits for specific performance and recovery of money – Deficit court fee – Payment made beyond period of limitation – Whether suit is barred by limitation – Power exercised under Section 151 is very wide and discretion shall be exercised at any stage of suit – court is not required to issue notice to defendant, since it is a matter between court and plaintiff – Once power is exercised under Section 149, same relates back to presentation of Plaint and question of limitation does not arise – When power is exercised by court under section 151, it is deemed to have been exercised under section 149 – Any order passed under section 149 cannot be challenged in a Revision, unless and until malafide is raised and proved – Power under Order 7 Rule 11 cannot be invoked when plaintiff paid amount as per order of court.