1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3888 of 2008 IN FIRST APPEAL ST.NO.13963 OF 2008 The State of Maharashtra .. Applicant versus Ramchandra B. Kadu .. Respondent ... Ms.S.P. Manchekar AGP for the applicant. CORAM : D.G. KARNIK, J DATED : 15th December 2008 P.C.: 1. This civil application is directed against the order of the Registrar (Judicial) dated 11th June 2008 conditionally extending the time for payment of the deficit court fee stamp. 2. The appeal was not filed along with proper court fee stamp. By an order dated 11th June 2008, Registrar (Judicial) granted 14 days time for filing 2 of an appeal failing which, he ordered the registration shall stand refused. Adequate court fee stamp was not paid within 14 days. Registration therefore stood refused and appeal stood dismissed. In my view, order of the Registrar is an order passed under Order 7 Rule 11 of the Code of Civil Procedure. Proviso to Rule 11 of Order 7 provides the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp papers shall not be be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature. 3. In my view, the facts do not disclose any cause of exceptional nature. 4. Learned AGP stated that the amount of court fee was received from the Land Acquisition Officer only on 27th June 2008. This is no exception. Everyday similar requests are made that amounts are not received from the Land Acquisition Officer and therefore time may be extended. If this is the routine then it cannot be said to be an exceptional circumstance. Furthermore, I notice that the application is filed on 16th July 2008 i.e. after lapse of 20 days even after the receipt of the amount from the Land Acquisition Officer. This delay is not 3 even attempted to be explained in the civil application. 5. In the circumstances, I see no error in the order of the Registrar. Civil Application is accordingly dismissed. (D.G. KARNIK, J)