Description

Section 149 of the Code of Civil Procedure (CPC) deals with the deficiency of court fees in a civil suit or proceeding. It provides an opportunity for the party who has not paid the required court fees in full to make up the deficiency.

Key Provisions of Section 149:

1. Power of Court to Allow Deficiency:

   • Section 149 empowers the court to allow a party to make up the deficiency in court fees at any time during the course of the suit or proceedings. If, at the time of filing the suit or application, the proper court fee is not paid, the party can be given the opportunity to pay the balance.

2. Opportunity to Cure Deficiency:

   • The court may permit the party to make up the deficiency within a reasonable time if it finds that the suit or application has been filed without the full payment of the necessary court fees. The court does not dismiss the suit or proceedings outright due to an insufficient court fee, provided the party is allowed to rectify the error.

3. Application of the Section:

   • This provision applies in situations where the court fee is either insufficient or incorrectly calculated. The party is given a chance to correct the deficiency and pay the required fee, ensuring that the legal process is not delayed or hindered because of a minor procedural issue such as court fee payment.
   • The party does not lose the benefit of their suit, and it is not rejected solely on the grounds of insufficient payment.

4. Time Period for Making Up the Deficiency:

   • The court has the discretion to set a reasonable time limit for the party to make up the deficiency in court fees. The period is typically short but is meant to allow the party to comply with the legal requirements without dismissing the suit outright.
   • The party seeking relief should act promptly to avoid any negative impact on the progress of their case.

5. Deficiency after Filing:

   • Even if the deficiency is discovered after the suit or application has been filed, Section 149 provides the opportunity to remedy the situation. The court will not dismiss the case immediately but will allow the party to pay the required fee and proceed with the matter.

6. Consequences of Failure to Pay:

   • If the deficiency is not made up within the time granted by the court, then the case may be dismissed or decided adversely, as the court fees are an essential part of the suit. If the court fee is not paid, the court may conclude that the suit cannot proceed, as it has not been validly instituted.

7. Court's Discretion:

   • The court has discretion under this provision and will exercise it to prevent undue hardship to a party whose suit is deficient in court fees. The court aims to ensure fairness and justice, rather than penalize a party for a technical mistake.

8. Applicability:

   • Section 149 applies to any civil proceedings where the payment of court fees is a procedural requirement. It helps to ensure that the legal system continues to function even when there are minor oversights in administrative matters like fee payments.

Punishment

• No direct punishment is prescribed for failure to pay court fees under this section. However, if the deficiency in court fees is not made up within the specified time, the court may dismiss the case or proceed with a decision adverse to the party who failed to comply with the court fee requirement.
• Dismissal of Suit: If the party does not make up the deficiency of court fees within the time granted, the court may dismiss the suit or application as it cannot proceed without the necessary court fees.
• Adverse Consequences: The failure to pay the required fee in time may also affect the party's standing in the case and may delay the proceedings, affecting their chances of success in the matter.