PRELIMINARY:

Sections 4 and 6 of the Court Fees Act, 1870 provide that no document chargeable with court fees shall be filed or received in any court unless the proper fee has been affixed. However, Section 149 of the Code of Civil Procedure, 1908, provides an exception based on equitable principles. It empowers the court, in its discretion, to allow a person to pay the deficient court fee, in whole or in part, at any stage.

RELEVANT PROVISIONS:

• Section 149 of the Code of Civil Procedure, 1908

• Sections 4 and 6 of the Court Fees Act, 1870

POWERS OF THE COURT TO MAKE UP DEFICIENT COURT FEES:

Section 149 provides the court with discretionary power to allow the payment of deficient court fees at any stage of the suit.

Case Reference:
2001 SCMR 148
“On discovery of deficiency or on it being pointed out, the court is bound to ascertain the deficiency in court fee and then give time to make up the deficiency.”

NATURE OF THE POWER:

Section 149 grants discretionary powers to the court to permit the payment of deficient court fees at any stage, either in full or in part. However, this discretion must be exercised in good faith. The court may refuse to extend such permission where the period of limitation has expired due to the fault or negligence of the party concerned.

CONCLUSION:

Section 149 CPC serves as a remedial provision based on equity, allowing courts to prevent injustice due to technical defects like deficient court fees. However, the exercise of this power must be judicious and within the bounds of legal and equitable principles.