MAHANTH RAM DAS versus GANGA DAS.

MAHANTH RAM DAS versus GANGA DAS.

The Supreme Court held that even after expiry of the time fixed by a peremptory (procedural) order, the High Court was not powerless to enlarge the time for payment of court fee under Sections 148, 149, and 151 of the Code of Civil Procedure. The application for extension was made within time, and sufficient cause...

Source-derived case information.

Parties
Appellant: Mahanth Ram Das; Respondent: Ganga Das
Jurisdiction
India
Judgment Date
07 February 1961
Procedural Posture
Civil Appeal / Final Appeal Before Supreme Court
Outcome
Appeal allowed
Legal Topics
Extension of Time for Payment of Court Fee, Inherent Powers of Court, Conditional Orders in Civil Procedure
Civil Procedure Civil Law Extension of Time for Payment of Court Fee Inherent Powers of Court Conditional Orders in Civil Procedure

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Parties

Mahanth Ram Das

Appellant

Ganga Das

Respondent

Procedural Posture

Civil Appeal / Final Appeal Before Supreme Court

Legal Issues

  1. 1 Whether a court is powerless to extend time for payment of court fee after the expiry of a peremptorily fixed period
  2. 2 Applicability of Sections 148, 149, and 151 of the Code of Civil Procedure for extension of time after expiry
  3. 3 Nature of peremptory procedural orders in civil appellate jurisdiction

Ratio Decidendi

The Supreme Court held that even after expiry of the time fixed by a peremptory (procedural) order, the High Court was not powerless to enlarge the time for payment of court fee under Sections 148, 149, and 151 of the Code of Civil Procedure. The application for extension was made within time, and sufficient cause was shown. Thus, the High Court should have extended time and erred in refusing to do so on procedural grounds.

Court Disposition

Appeal allowed

Orders

  • Dismissal of appeal and suit by High Court set aside.
  • Appellant granted two months' time from Supreme Court's date for payment of deficit court fee.