TMI Blog2014 (9) TMI 1180X X X X Extracts X X X X X X X X Extracts X X X X ..... within the time which may be granted and in case of default, the plaint shall be rejected. The provisions of section 6 casts duty on the Court to determine as to whether or not court-fee paid on the plaint is deficient and if the court-fee is found to be deficient, then give an opportunity to the Plaintiff to make up such deficiency within the time that may be fixed by the Court. The important thread that runs through Sub-sections (2) and (3) of Section 6 of 1870 Act is that for payment of court-fee, time must be granted by the court and if despite the order of the court, deficient court-fee is not paid, then consequence as provided therein must follow - Insofar as present case is concerned, the first appellate court in its order rightly observed that after amendment of plaint and consequent amendment in valuation, the trial court did not pass any order specifying time for payment of deficient court-fee. Obviously, in the absence of such specific order, Sub-sections (2) & (3) of Section 6 of 1870 Act would not come into operation against the Plaintiff. Clause (ii) of Section 12 of 1870 Act clearly empowers the appellate court to direct a party to make up deficit court-fee i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the plaint, it was duty of the Plaintiffs to make good the deficiency in the court fee. Deficiency of the court fee could be made good in the trial court only. Perusal of Sub-section (2) of Section 6 of the Court Fees Act transpires that no plaint shall be acted upon, unless deficiencies in the court fee are made good. Court Fees Act further provides that in no case, the judgment shall be delivered unless the deficiency in court fee has been made good. Section 149 of Code of Civil Procedure though gives powers to the Court to allow the Plaintiff to pay the deficit court fee but such power is given to the Court before the disposal of suit. Thus, permission for payment of additional court fee or for making good the deficiency in Court fee could only be granted during the pendency of suit. In absence of payment of sufficient court fee the judgment could not be delivered. Deficiency of court fee in respect of plaint cannot be made good during the appellate stage. Such permission could not be granted by the appellate court Under Section 151 Code of Civil Procedure. In case such permission is permitted to the parties, then it would not only be per-se illegal but would also be a bad pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rters of the fee indicated in either of the said Schedules except where the amount or value of the subject-matter of the suit, appeal or proceeding to which it relates exceeds ₹ 500: Provided further that the fee payable in respect of any such document as is mentioned in the foregoing proviso shall not be less than [one and one-forth] of that indicated by either of the said Schedules before the first day of May, 1936]. [Explanation - Where the amount of fee prescribed in the Schedule contain any fraction of a rupee below [twenty-five naye paisa] or above [twenty-five naye paise] but below [fifty naye paise] or above [fifty naye paise] but below [seventy-five naye paise] or above [seventy-five naye paise] but below one rupee, the proper fee shall be an amount rounded off to the next higher quarter of a rupee as hereinafter appearing in the said Schedules]. (2) Notwithstanding the provisions of Sub-section (1), a Court may receive plaint or memorandum of appeal in respect of which an insufficient fee has been paid, but no such plaint or memorandum of appeal shall be acted upon unless the Plaintiff or the Appellant, as the case may be, makes good the deficiency in court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aint is raised and the Court finds that the court-fee paid is insufficient, it shall ask the Plaintiff to make good the deficiency within the time which may be granted and in case of default, the plaint shall be rejected. The main provision of Sub-section (3) mandates the Court to record a finding whether court-fee paid is sufficient on the question being raised by the concerned officer Under Section 24A. It further provides that in answer to that question if the Court finds that court-fee paid is deficient, the Court may allow Plaintiff to make up that deficiency within time so fixed by the Court. Then there is a proviso appended to Sub-section (3) which provides that Court may, for sufficient reasons to be recorded, proceed with the suit if security is given by the Plaintiff for payment of the deficiency in court-fee within time that may be granted by the court. It, however, requires the Court not to deliver the judgment till such time deficiency is not recovered and if the deficiency in court-fee is not made good within such time as the Court may from time to time allow, the Court may dismiss the suit or appeal. 9. The scheme of the above provisions is clear. It casts duty on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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