BHAGAT RAI Vs. KHEKHA RAM

LAWS(SC)-1987-9-54

SUPREME COURT OF INDIA

Decided on September 21,1987

BHAGAT RAI Appellant

VERSUS

KHEKHA RAM Respondents

JUDGEMENT

- (1.) ORDER
(2.) SPECIAL Leave granted. Arguments heard. No one appears for the respondent. After hearing learned counsel for the appellant, we are satisfied that the High court was in error in declining to interfere with the order passed by the learned Subordinate Judge. It failed to appreciate that the learned Subordinate Judge acted illegally and with material irregularity in the exercise of his jurisdiction in disallowing the application made by the appellant under s.l48 read with s.151 of the Code of Civil Procedure, 1908 for grant of time to pay the deficit court fees on the objection raised by him. The court had ample power under s.l48 of the Code to grant time to the appellant to make good the deficit in court fees. Accordingly, the appeal succeeds and is allowed. The judgment and order of the courts below are set aside. The appellant is granted one month's time from today to make good the deficit. No costs.;

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