Kamlesh Gupta vs Vakeel Ahmad on 4 May, 2023
In Mannan
Lal (supra), the Supreme Court held that Section 149 CPC mitigates
the rigor of Section 4 of Act 1870 and Courts should harmonize
the two provisions and allow the deficit to be made good within the
period fixed by the Court. In view of the aforesaid principles
elucidated by the Supreme Court and the Division Bench of this
Court, it can hardly be argued by the Defendant that no permission
ought to have been granted by the Trial Court to the Plaintiff to
Signature Not Verified
Signed By:KAMAL KUMARC.R.P. 200/2019 Page 11 of 13
Signing Date:13.06.2023
12:43:58
Neutral Citation Number: 2023:DHC:4163
make good the court fee and the plaint ought to be rejected at the
threshold.