Courts May Permit Payment of Deficit Court Fees at Any Stage Under Section 149 CPC.

The petitioners, plaintiffs in O.S. No. 84 of 2011 seeking declaration and mandatory injunction, applied at the final-hearing stage for leave to pay a court-fee deficit of ₹95,711.50.

The trial court dismissed the application because the plaintiffs had not adequately explained the delay, despite the defendants’ objection in their written statement.

The plaintiffs challenged that order under Article 227 of the Constitution.

1. Whether the trial court ought to have exercised its discretion under Section 149 of the Code of Civil Procedure (CPC) to permit payment of the deficit court fee at the final-hearing stage.

2. Whether permitting payment of the deficit court fee determined by the plaintiffs would prevent the defendants from disputing the suit’s valuation or the adequacy of the fee.

Section 149 CPC gives the court discretion to permit payment of a deficit court fee, and that discretion may be exercised at any stage of the proceedings.

The Court treated payment of court fees as a matter between the court and the plaintiffs and considered whether permitting payment would prejudice the defendants.

The supervisory jurisdiction under Article 227 was invoked to challenge the trial court’s order.

The High Court considered that the plaintiffs were willing to pay the claimed deficit and that permitting payment would not, by itself, cause grave prejudice to the defendants.

It therefore held that the trial court should have exercised its discretion under Section 149 CPC, notwithstanding the plaintiffs’ delay.

However, the defendants’ contention that the fee was incorrectly calculated because it was not based on market value remained open for consideration by the trial court on its merits; allowing payment did not determine the proper valuation of the suit.

It directed the plaintiffs to pay the claimed deficit court fee of ₹95,711.50 within one week of receiving the order and directed the trial court to hear final arguments and dispose of the suit within eight weeks.

The defendants remained free to contest the suit’s valuation and court-fee calculation before the trial court.