THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5623 of 2011 Dated:29.12.2011 Between: Sri Gangada Ramana Murthy. …Petitioner and Sri Neredupalli Shankara Rao. …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5623 of 2011 ORDER: This Civil Revision Petition under Article 227 of the Constitution of India is filed against the order dated 07.02.2011 in G.R.No.1440 of 2009 passed by the Court of the II Additional Junior Civil Judge, Visakhapatnam. The petitioner filed the suit (G.R.No.1440 of 2009) for recovery of Rs.81,560/-. The required Court fee of Rs.3026/- was not paid. He paid a nominal fee of Rs.26/- and filed the suit. The lower Court returned the suit papers for payment of deficit Court fee. The same was not paid within the time granted by the Court. He admittedly paid a challan on 26.11.2010 for Rs.3,000/- and filed an application under Sections 149 and 151 of the Code of Civil Procedure, 1908 (CPC), seeking enlargement of time for payment of deficit Court fee. The Court below rejected the application observing that the abnormal delay of 636 days cannot be condoned as the relief itself is barred by limitation. This Court heard Sri Kuruva Naganna, Counsel for the petitioner. He would submit that no prejudice would be caused to the defendant and, therefore, the petitioner may be given a chance by imposing costs. Section 148 of CPC empowers the Court to enlarge the time not exceeding thirty days for doing any act prescribed or allowed by the CPC. Section 149 of CPC contains the power of the Court to allow the person to pay the deficit Court fee. When the plaintiff has not paid the whole or part of the fees payable, the Court may allow the payment and it shall have the same powers and effect as if such fee had been paid in the first instance. But, Section 149 of CPC should be interpreted keeping in view the law of limitation. In a matter like this, when the suit for recovery of money is to be filed within three years and the deficit Court fee is not paid even after lapse of about 630 days, it would certainly be a suit for recovery of money barred by limitation. Further, the Court below rejected the suit for want of proper Court fee on 07.02.2011, and the petitioner filed the instant Civil Revision Petition on 03.12.2011. If now the petitioner is allowed to pay the deficit Court fee it would amount to allowing him to file a suit after 936 days after the expiry of the period of limitation. The jurisdiction under Article 227 of the Constitution of India is intended to sub-serve the justice and not cause prejudice to the opposite party. The Civil Revision Petition is, therefore, dismissed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 29.12.2011 vs