- (1.)The question that arises in this revision petition is whether plaintiff is liable to pay the full court fee in a case of admission of the claim by the defendant. The suit was filed since the introduction of S.4A in the Court Fees Act by which a plaintiff was permitted to present a plaint by paying one-tenth of the amount of court fee chargeable under the Act on the plaint claim. The defendant on appearance in pursuance to the summons filed written statement admitting the claim. Plaintiff was directed to pay the balance court fee. This order is under challenge in this revision.
(2.)S.4A was introduced by the Amendment Act 6 of 1991. That Section reads:
"4A. Levy of fee at the time of institution of suit: Notwithstanding anything contained in any other provisions of this Act, the amount of fee to be paid on plaint at the time of institution of suit shall be one-tenth of the amount of fee chargeable under this Act and the balance amount shall be paid within such period; hot later than fifteen days from the date of framing of issues or where framing of issues is not necessary, within such period not exceeding fifteen days as may be specified by the court:

Provided that the court may for sufficient reasons to be recorded in writing extend the period up to thirty days.

Provided further that if the parties settle the dispute within the period specified or extended by the court for the payment of the balance amount, the plaintiff shall not be called upon to pay such balance."

This Section enables the plaintiff to pay one-tenth of court fee payable on the plaint at the time of institution of the suit and the balance nine-tenth within the time prescribed, i.e. not later than fifteen days from the date of framing of issues or where issues is not necessary within such period not exceeding fifteen days as may be specified by the court. Power to grant extension of time not exceeding upto thirty days is conferred on the court by the first proviso to the section. The second proviso stipulates that the balance court fee is not payable if the parties settled the dispute within the period specified or extended by the court. The interpretation of the second proviso arises in this civil revision petition.

(3.)Framing of issues arises only if a defendant appears and files his written statement in which case the suit can be compromised. Even before that the matter can be settled between the parties with or without entering into a compromise and presentation of such a compromise is not contemplated in the second proviso whereas reporting of settlement by itself will be sufficient. In other words, the parties only need report to the court about the settlement of the dispute either within fifteen days from the date of framing of the issues or within such period not exceeding fifteen days as may be specified by the court or where framing of issues is not necessary or within the extended period granted by the court. If there has been some settlement between the parties the suit could be withdrawn by the plaintiff as settled between the parties. In that case, the balance court fee representing nine-tenth of the court fee calculated on the plaint claim need not be paid by the defendant.
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