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Head Note

The Code of Civil Procedure, 1908  - Order VII Rule (11) ,  Rule (13) , Section 149 , The Transfer of Property Act, 1872  - Section 52

Legal rights and obligations of a pendente lite purchaser - a pendente lite purchaser's application for impleadment should normally be allowed or "considered liberally" - If appropriate court fee is not paid at the time of the filing of the plaint, can the suit be said to be a valid suit in the eye of law? - Court Fees - Failure to pay within time limit - If the plaintiff fails to pay the necessary court fee even after being called upon by the trial Court - Held - In a case where the plaint is filed within the period of limitation prescribed by law but with deficit court fee and the plaintiff seeks to make good the deficit of the court fee beyond the period of limitation, the Court, though has discretion under Section 149 CPC, - Section 149 CPC does not confer an absolute right in favour of a plaintiff to pay the court fee - The exercise of the discretion by the Court is conditional upon the satisfaction of the Court that the plaintiff offered a legally acceptable explanation for not paying the court fee within the period of limitation.

Topic(s)-

Important Decision(s)- Court fee not paid within prescribed period - Court can give permission - Under Section 149 CPC it is discretion of court.