Supreme Court · 2013 INSC 781 · Decided 25 November 2013
Manoharan v. Sivarajan & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 781 · [2013] 12 S.C.R. 471
- Case number
- CIVIL APPEAL No. 10581/2013
- Decided
- 25 November 2013
- Bench
- S. J. MUKHOPADHAYA, V. GOPALA GOWDA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 149; Constitution Article 39
Headnote
Code of Civil Procedure, 1908:. s.149 - Deficiency in court fee - Suit - Application by plaintiff-appellant for extension of time to pay balance court A B c fee - Rejected by trial court- High Court rejecting appellant's application for condonation of delay in filing regular first appeal - Held: 0 empowers the court to allow a party to make up the deficiency of court fee payable on plaint etc. - It is also a usual practice that court provides an opportunity to the party to pay court fee within a stipulated time - Further, subject to submission of an affidavit by appellant of his
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