CPC S. 149 - Deficiencies in court fees can be made good even after the expiry of the limitation period

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“29.Be that as it may, the terms “at any stage” in Section 149 of Civil Procedure Code adumbrates that the deficiencies can be made good even after the expiry of the limitation period in regard to the filing of the suit or Appeal and further, the discretion can be exercised even in the case of a plaint without any Court fee. In this connection, it is not out of place for this Court to point out that the discretion showered on a Court of law as per Section 149 of C.P.C. is over and above the application under Order 7, Rule 11 of C.P.C. To put it precisely Order 7, Rule 11 of C.P.C. is not an enabling provision, but only a disabling one and the proper Section in and by which time may be granted for payment of Court fee is only Section 149.”

P.Kumar v. Sanjay Agarwal, 2011 (3) MLJ 1037

Tags: Court Fees CPC S. 149

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CPC S. 149 – Deficiencies in court fees can be made good even after the expiry of the limitation period

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