The petitioner has preferred the suit in Pauper O.P.No.23 of 1997. The said O.P. has come to be dismissed. Thereafter, it is found that the petitioner has preferred an application seeking for a direction to the Court below to permit him to pay the Court fee within a stipulated time to be fixed by the Court. The Court below had also granted the petitioner adequate opportunity to pay the Court fee. However he has not paid the Court fees within the stipulated time. Following the same, another application was preferred by the petitioner seeking for extension of time on the footing that he is not having necessary funds to pay the Court fee. The said application was negatived by the Court below finding that sufficient cause has not been shown by the petitioner for not having paid the Court fee within the stipulated time and he has also not filed the application seeking for extension of time within the statutory period.
2.Considering the facts and circumstances of the case at hand, it is found that the pauper suit filed by the petitioner has come to be rejected on the ground that he has sufficient means to pay the Court fee and accordingly, granted one month time to pay the Court fee. However, he had filed an application seeking for extension of time to pay the Court fee as according to him he is not having sufficient funds. It is found that even in the said application also he has not shown sufficient cause for not paying the court fee other than stating that he has no funds to pay the same. When the main O.P. itself has been dismissed or rejected by the Court below holding that the petitioner is having sufficient means to pay the Court fee, as rightly determined of the Court below, the present application preferred by the petitioner is nothing but to delay the matter endlessly so as to cause loss and hardship to the respondent. It is, further, found that the Court below has rightly rejected the application preferred by the petitioner seeking for extension of time to pay the Court fee.
3.In view of the foregoing, the impugned order does not call for any interference. Accordingly, this Civil Revision Petition is dismissed. No costs.
To:
The Subordinate Judge, Ambasamudram.
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