Search Results Page

Search Results

1 - 10 of 22 (0.39 seconds)

Mahanth Ram Das vs Ganga Das on 7 February, 1961

(12) The learned counsel, appearing on behalf of the Chief Controlling Revenue Authority, has submitted that even in a case where peremptory order for payment of deficit court-fees within a fixed period has been passed, the Court can extend time under S. 149 C.P.C. and. therefore, the Court is still seized of the case, and even after the pronouncement of judgment extends time and, therefore, the Court has jurisdiction to ask for additional court-fees even after the judgment. I am afraid, this argument is far-fetched. This power is exercised in view of Section 149, as it specially confers this power, but that certainly requires that the order calling upon a party to pay additional court-fees has to be passed before the suit concludes. Thereafter, it is merely a question of extension of time and not exercising any power for the first time after judgment and is supported by the view of the Supreme Court in case reported as Mahant Ram Das v. Ganga Das. . This section does not contemplate that where a suit has been decreed or dismissed unconditionally, the Court still has the power to call for additional court-fees.
Supreme Court of India Cites 5 - Cited by 181 - M Hidayatullah - Full Document
1   2 3 Next