(Querist) 03 December 2008
This query is : Resolved
In a civil suit for recovery of money, the plaintiff though filed case in time but he had paid a meagre amount towards court fees as such Plaint was returned for want of deficit court fees. Then Plaint was represented after a long gap of 6 months. In the meanwhile suit was barred by limitation. But the suit was numbered by arbitrarily condoned the inordinate delay of 6 months without hearing the defendants before codoning the inordinate delay. Sir, now my query is whether at present the suit can be dismissed as barred by limitation? Kindly answer for my query.
In a condone delay petition, the plaintiff simply pleaded that (1) since he was unwell and (2) necessary stamps papers were unavailable. So the long delay may be condoned for re-presenting the Plaint. That too the plaintiff filed that petition under Sec.151 of CPC. Why I am mentioning this section, at the time of presenting the Plaint, the plaintiff knows very well, that he paid only a meagre court fees. So he ought to file a separate petition under Sec.149 of CPC for extension of time for paying the deficit court fees. But he didn't file such a petition under Sec.149 of CPC. The court suo moto granted two weeks time for paying the deficit court fees. But the plaintiff didn't turn up within the time granted by the court or even before expiry of the stipulated time he didn't file any separate petition under Sec.148 of CPC for further enlargement of time for paying the deficit court fees. Without doing any of the above procedures, he simply slept over for 6 months and came back with a petition under Sec.151 of CPC for condoning the delay in re-presenting the Plaint. That is why I have a doubt that whether at this stage the suit may be dismissed as barred by limitation. Kindly answer for my query.
(Expert) 06 December 2008
you have to file an interim application under 7 rule 11 of cpc seeking rejection of plaint, stating it is barred by law.
Suresh Kr. Mitruka
(Expert) 08 December 2008
Petition Under Order 7 rule 11 is to filed for rejection of the plaint on the ground of the suit being barred by the law of limitation.