Supreme Court of India

Manoharan v. Sivarajan & Ors.

Neutral citation
Reported as [2013] 12 S.C.R. 471
Bench Sudhansu Jyoti Mukhopadhaya and V. Gopala Gowda JJ.
Decided 25 November 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid reasons, the impugned judgment passed by the High Court is not sustainable and is liable to be set aside as per the principle laid down by this Court F in as much the High Court erred in rejecting the application for condonation of delay filed by the appellant.

Judgment, page 17

From the headnote

Code of Civil Procedure, 1908:. s.149 - Deficiency in court fee - Suit - Application by plaintiff-appellant for extension of time to pay balance court c fee - Rejected by trial court- High Court rejecting appellant's application for condonation of delay in filing regular first appeal - Held: s. 149 prescribes a discretionary power which 0 empowers the court to allow a party to make up the deficiency of court fee payable on plaint etc. - It is also a usual practice that court provides an opportunity to the party to pay court fee within a stipulated time - Further, subject to submission of an

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