Section 149: Power to make up deficiency of court-fees

Questions on this section

2 questions in 5 of our papers cite Section 149. Try these from the free papers:

1. 1. In Mannan Lal v. Chhotaka Bibi (1970), a memorandum of appeal was presented with deficient court-fee and the deficiency was made good later under the Court's order. The Supreme Court held that:

   A.Section 149 CPC is read as a proviso to Section 4 of the Court-fees Act, so the appeal is pending from presentationB.Section 4 of the Court-fees Act overrides Section 149 CPC, so that the appeal comes into existence only on the date of paymentC.the appeal is treated as filed on the date the Court admits it after hearing the respondent on the deficitD.the deficient memorandum is a nullity, and a fresh appeal has to be filed within limitation after payment
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2. 2. Under Section 149 CPC, where the whole or part of the court-fee payable on a document has not been paid, the Court may, in its discretion, allow it to be paid:

   A.at any stage, and the document then has the same effect as if the fee had been paid at firstB.only before the summons is issued to the defendant, and then only with prospective effectC.only within thirty days of presentation, and the document takes effect from the date of paymentD.only with the consent of the opposite party, and on payment of a penalty fixed by the Court
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