- (1.) MISC. Application dated 22-12-1997 filed under Sections 148, 149 and 151 Code of Civil Procedure has been put up for consideration along with the report dated 29-11-1993 of the Stamp Reporter. According to the Stamp Reporter stamp worth Rs. 95,877. 50 paisa are deficit. The office note states that three months time was earlier granted to the appellant vide order dated 8-3-1995 to pay the deficit court-fee which has not been complied with.
(2.) THROUGH this miscellaneous application a prayer has been made to allow time to make good the deficiency in the Court-fee. Sri Mittal, learned counsel for the appellant, contended that the appellants are not at all in a position even by now to pay the deficit Court-fee but for the said reason the memorandum of appeal cannot be rejected rather it has to be returned as laid down by 5 Judges Full Bench in Wajid Ali v. Isar Banu, AIR 1951 Allahabad 64 (Paragraph 18 ). There is no tangible material before us to satisfy as to why despite expiry of time of one year two months by now the appellants have not paid the deficit Court-fee. In view of the failure of the appellants to deposit the deficit Court-fee, and in view of the stand taken by Mr. Mittal that they are not in a position to pay the deficit court-fee, now being left with no option we reject this miscellaneous application.
(3.) NOW we come to the prayer of Mr. Mittal to return the plaint. Section 4 of the Court-fee Act, 1870 reads thus:- "4. Fees on documents filed, etc. , in High Courts in their Extraordinary jurisdiction.- No document of any of the kind specified in the First or Second Schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said High Courts in any case coming before such Court in the exercise of its Extraordinary Original Civil Jurisdiction; or in the exercise of its extraordinary original criminal jurisdiction; In their appellate jurisdiction - or in the exercise of its jurisdiction as regards appeals from the judgments (other than judgments passed in the exercise of the Ordinary Original Civil Jurisdiction of the Court) of one or more Judges of the said Court, or of a division Court; or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence; As Courts of Reference and Revision - or in the exercise of its jurisdiction as a Court of Reference or Revision; unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document. " The schedule mentions memorandum of appeal and the quantum of proper Court-fee which is required to be paid thereon.;