Code of Civil Procedure • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 143 of Code of Civil Procedure: Postage
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
Postage, where chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed before the communication is made:
Provided that the State Government may remit such postage, or fee, or both, or may prescribe a scale of court-fees to be paid in lieu thereof.
Section 143 directs that postage, where chargeable on any notice, summons, or letter issued under the CPC, shall be defrayed by the party at whose instance it is issued before the process is dispatched.
Pre-Payment of Postage: Postage, where chargeable on any notice, summons, or letter issued under this Code and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed before the communication is made.
Process Fee Challan Mandate: Party must deposit process fees and registered postal charges within the time fixed by court rules.
Dismissal for Default Nexus: Failure to deposit postage within time leads to dismissal of the suit under Order 9 Rule 2 CPC.
Key Landmark Precedents:
Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court noted that timely deposit of postal charges under Section 143 is an essential duty of the plaintiff to prevent summons delay.
Kailash v. Nanhku, (2005) 4 SCC 480: Affirmed that courts have power to extend time for process fee deposits under Section 148.
Courtroom Practice & Strategic Litigation Guidance:
Always file process fee challans with registered speed post postal covers within 7 days of summons being ordered to prevent the suit from being dismissed under Order 9 Rule 2 read with Section 143.
Legal Commentary & Landmark Judgments: Section 143
Section 143 directs that postage, where chargeable on any notice, summons, or letter issued under the CPC, shall be defrayed by the party at whose instance it is issued before the process is dispatched.
Always file process fee challans with registered speed post postal covers within 7 days of summons being ordered to prevent the suit from being dismissed under Order 9 Rule 2 read with Section 143.