THE HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No. 3589 of 2010 Dated: 28.09.2010 Between: Anke Chandrayudu, Ananthapur District. … Petitioner And BallapuramMuthyalappa, Ananthapur District. … Respondent THE HON'BLE Ms. JUSTICE G.ROHINI Civil Revision Petition No. 3589 of 2010 O R D E R : This revision petition is directed against the order dated 21.06.2010 in I.A.No.486 of 2010, whereunder the petitioner’s application for condonation of delay of 294 days in re-presenting the plaint was dismissed. Heard the learned counsel for the petitioner. The material available on record shows that the revision petitioner filed a suit in the Court of the Principal Junior Civil Judge, Kadiri for recovery of a sum of Rs.96,713/- allegedly due from the defendant/respondent herein on the basis of a promissory note. The plaint was presented on 15.07.2009. However, the same was returned on 16.07.2009 on certain objections, including the payment of deficit court fees. Whereas the time for re-presentation was granted up to 05- 08-2009, the plaint was admittedly resubmitted on 29.05.2010 by paying the deficit court fees. While re-presenting the plaint, the petitioner filed I.A.No.486 of 2010 under Sections 148 and 151 of C.P.C. to condone the delay of 294 days in re-presenting the plaint. In the affidavit filed in support of the said application, it was stated that the petitioner was hospitalised because of his old age and he had recovered only two days ago. The said application was dismissed by the Court below by order dated 21.06.2010 observing that the petitioner did not even choose to file any medical certificate or any other record that he was hospitalised and suffering with several ailments. It was also observed by the Court below that whereas the limitation for filing the suit expired on 16.07.2009, the plaint was resubmitted long thereafter. Aggrieved by the same, the present revision petition is filed. As per order 7 Rule 11 (c ) of C.P.C., where the plaintiff was required by the Court to pay the deficit Court fees and the plaintiff fails to do so within the time fixed, the plaint is liable to be rejected. In the instant case, the petitioner was granted time for payment of deficit Court fees up to 05.08.2009. Admittedly, the petitioner failed to do so and the deficit Court fees was paid long thereafter on 29.05.2010 while re-submitting the plaint. The petitioner did not even seek leave of the Court for payment of the deficit Court fees. It is also relevant to note that as per Section 148 of C.P.C. as amended by Code of Civil Procedure Amendment Act, 46 of 1999 with effect from 01.07.2002 the enlargement of time shall not exceed 30 days in total. Hence, on that ground also the petition for condoning the delay of 294 days is liable to be dismissed. Viewed from any angle, the order under revision dismissing I.A.No.486 of 2010 cannot be held to be erroneous or illegal. Accordingly, the Civil Revision Petition is dismissed. No costs. ______________ G. ROHINI, J Date: 28.09.2010 KLP