THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4156 of 2010 ORDER: The petitioner filed a suit in the year 2005 for recovery of alleged amount basing on the deed of assignment without payment of court fee. The plaint was returned and it was not complied within the prescribed time. The petitioner filed I.A.No.349 of 2009 in an unnumbered suit under Sections 149 and 151 of CPC to condone the delay of 1108 days in re-presenting the plaint. If the plaint is not re-presented within the prescribed time, for condotion of delay necessary application has to be filed under Section 5 of the Limitation Act only. But, in the instant case, the petitioner filed the said application under Sections 149 and 151 of CPC. Section 149 of CPC reads as follows:- “Power to make up deficiency of Court-fees:- Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case may be, of such court-fee; and upon such payment the document, in respect of which such fee is payable, shall have the same force and effect as if such fee had been paid in the first instance.” Section 151 of CPC reads as follows:- “Saving of inherent powers of Court:- Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.” When specific provision is available for condonation of delay in re-presenting the plaint, I am of the opinion that the said application filed under Sections 149 and 151 CPC is not maintainable. Further, the petitioner has not shown sufficient cause explaining the inordinate delay of 1108 days in representing the plaint. Therefore, I am of the opinion that the court below had rightly dismissed the said application. Hence, I do not see any infirmity legal or otherwise in the impugned order, so as to call for interference by this Court under Article 227 of the Constitution of India. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. ___________ 24-09-2010 Prv