Section 149 of The Code of Civil Procedure, 1908
Power to make up deficiency of court-fees.
Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case may be, of such court-fee; and upon such payment the document, in respect of which fee is payable, shall have the same force and effect as if such fee had been paid in the first instance.
Summary
- The Court has the power to allow a person to pay missing court fees at a later time.
- This applies to any document where the required fee has not been paid, either in full or in part.
- The Court can grant this permission at any stage of the legal proceedings.
- Once the fee is paid, the document is treated as if the full fee had been paid when it was first submitted.
- This prevents cases from being dismissed solely because of an initial lack of funds or a payment error.
FAQ
1. Can I pay deficient court fees after a case has started under Section 149 CPC?
Yes, Section 149 of the Code of Civil Procedure, 1908, allows the Court to let you pay missing fees at any stage of the proceeding.
2. What is the effect of paying court fees late under Section 149 of The Code of Civil Procedure, 1908?
Under Section 149 of The Code of Civil Procedure, 1908, once the fee is paid, the document has the same effect as if the fee had been paid in the first instance.
3. Is the court forced to accept late court fees under Section 149 of the CPC?
No, Section 149 of the Code of Civil Procedure, 1908, says the Court "may, in its discretion" allow the payment, so it is up to the Judge.
Test yourself
1.At what stage can a Court allow the payment of deficient fees under Section 149 of The Code of Civil Procedure, 1908?
2.What is the effect of a payment made under Section 149 of The Code of Civil Procedure, 1908?
3.If a person uses Section 148 to ask for more time to pay a fee, how does Section 149 of The Code of Civil Procedure, 1908, interact?
4.Under Section 149 of The Code of Civil Procedure, 1908, the power to allow late payment of fees is: