Anil K.Sen, J. - (1.) Defendant No. 1 in Money Suit No. 47 of 1979 of the 8th Court of the learned Subordinate Judge at Alipore is the petitioner before us. The order challenged is the one dated June 18, 1981 passed by the learned Subordinate Judge dismissing an application filed by the defendant No. 1 on Mar. 23, 1981 for reconsideration of an order dated Mar. 22, 1980. It will be necessary to refer to the facts shortly in the background in order to appreciate the real dispute between the parties.
(2.) The plaintiff opposite party, namely, the Reliance Jute and industries Limited, a company incorporated under the Companies Act instituted the aforesaid Money Suit No. 47 of 1979 for a decree for a sum of Rs. 1,03,257.11 p. by way of compensation and in the alternative for damages. This suit was filed on Oct. 23, 1979 with deficit court fee paid on the plaint. The court directed the plaintiff to put in the balance court-fee on or before Nov. 17, 1979 on which date the balance court-fee not having been paid further time was granted till Dec. 4, 1979. Since the balance court-fee was not paid even on that date, on Dec. 4, 1979, the Court issued a show cause notice upon the plaintiff calling upon the plaintiff to show cause why the plaint should not be rejected. The notice was made returnable on Dec. 22, 1979 on which date an application was filed by the plaintiff for further time to put in the deficit court-fee. The Court allowed the prayer and directed the plaintiff to put in the deficit court-fee on or before Jan. 15, 1980. On the date fixed deficit court-fee was not put in but again a prayer was made for time to put in the deficit court-fee which prayer being refused the court issued a fresh show cause notice calling upon the plaintiff to show cause why the plaint should not be rejected. The notice was made returnable on Jan. 28, 1980 on which date the cause shown by the plaintiff was considered unsatisfactory and the plaint was rejected.
(3.) On Feb. 25, 1980 the plaintiff filed an application under Section 151 of the Civil P. C, for recalling the order dated Jan, 28, 1980 whereby the plaint was rejected. Therein the plaintiff further prayed for time to put in the balance court-fee payable on the plaint. This application was allowed ex parte by the learned Judge who observed that he is satisfied that the plaintiff could not pay the deficit court-fee within time. There is no indication in the order as to the reason why it could not be so put in and what exactly was the satisfaction of the court as regards such reasons. Be that as it may, the order dated Jan. 28, 1980 being recalled the Court granted the plaintiff time till April. 17, 1980 to put in the deficit court-fee. The deficit court-fee this time being put in summons was issued upon the defendants.;