Section 149 of the Civil Procedure Code gives discretion to the court to allow time for payment of deficient court fee to the person concerned:
“149. Power to make up deficiency of court-fees.— Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case may be, of such court-fee; and upon such payment the document, in respect of which such fee is payable, shall have the same force and effect as is such fee had been paid in the first instance.”
Usually, a reasonable time is allowed by the court to pay the deficient court fee, and sometimes, more than one chances may be given by court. However, no specific time period is laid down in this regard and discretion has been given to court.
If the court fee is ultimately not paid, the court has the power to reject the plaint, application, etc. Just for example, Order 7 Rule 11 empowers the court to reject the plaint where the relief claimed is properly valued but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so.
So, you’ll have to request the court to take action of rejecting the application if your opposite party has failed in payment of requisite court fee in spite of time allowed by the court.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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