1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4330 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. R.D. Soni i/b Ram & Co. for the petitioner. Mr. S.S. Patwardhan for the respondent. CORAM : D.G. KARNIK, J. DATE : 6TH JULY 2010 P.C. : 1. Heard. 2. The order impugned is an interlocutory order and hence I am not inclined to interfere in the order. 3. The petitioners who are original defendants applied to the Court that the court fee paid was not proper and, therefore, inquiry be held about the proper court fee and the 2 plaint be rejected under Order 7 Rue 11 of the Code of Civil Procedure (for short “the Code”). The court partly allowed that application and directed the respondent to pay some additional court fee though the contention of the petitioners for rejection of the plaint was rejected. 4. Payment of court fee is a matter of revenue. As per the defendants’ application, the Court considered what was the proper court fee required to be paid by the plaintiff-respondent. I am informed at the Bar that the deficit court fee as determined by the Court has since been paid by the respondent. Order 7 Rule 11 of the Code provides that the plaint shall be rejected where the plaint is written upon a paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp paper within a time to be fixed by the Court fails to do so. Thus, the plaint is not rejected automatically if it is written on a 3 paper insufficiently stamped, but the Court is required to fix a day for the plaintiff to supply the stamp paper of the proper value. If the plaintiff fails to pay the court fee stamp by the date fixed by the Court, then and then only the plaint can be rejected under clause (c) of Order 7 Rule 11 of the Code. In the present case, since the respondent-plaintiff has paid the court fee after the order of the Court, there is no question of rejection of the plaint. The petition is accordingly rejected. (D.G. KARNIK, J.)