Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the, whole or part, as the case may be, of such court-fee; and upon such payment the document, in respect of which such fee is payable, shall have the same force and effect as if such fee has been paid in the first instance.
Under the provisions of S. 149, C.P.C., as a practice, the courts grant time for payment of the court-fee on coming to an adverse conclusion on a pauper application. If the court in which the pauper application is filed can grant time for payment of court-fee on refusing to permit the applicant to sue as an indigent person, the appellate court also can grant time for payment of the court-fee while dismissing the appeal because the appeal is only a continuation of the original proceeding.
The provisions of S. 149, C.P.C. are sufficiently wide and should be applied for granting time for filing the requisite court-fee even at the stage of revision against the rejection of the application for leave to sue as an indigent person.
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ADVERTISEMENTS:
The question of payment of court-fees is primarily a matter between the Government and the person concerned and therefore where the High Court in the exercise of its discretion allows the appellant to amend his memorandum of appeal and grants time for payment of deficient court fee under S. 149, the other party cannot attack the order on the ground that it takes away his valuable right to plead the bar of limitation.
It is true that the petitioner filed the application for granting time under S. 149, C.P.C., which is the provision for granting time for payment of the court-fee. It does not, however, matter. On the ground that a wrong provision of law has been quoted in the application it cannot be dismissed. The application can still be treated as the one filed under the provision which is the correct provision of law.
In ca3e of insufficiency in stamped appeal, dismissal of application for restoration without giving opportunity to make good deficient court-fee is not proper.
ADVERTISEMENTS:
The aid of section 149, could be taken only when the party was not able to pay court-fee in circumstances beyond his control or under unavoidable circumstances and the Court would be justified in an appropriate case to exercise the discretionary power under S. 149 after giving due notice to the affected party.
