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

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Statutory Regulation
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Competent Court / Tribunal
Act 1908
Section 148 All 158 Sections of Code of Civil Procedure Section 150

Legal Commentary & Landmark Judgments: Section 149

Section 149 confers broad discretionary power upon civil courts to allow a party to make up any deficiency of court-fees at any stage of a suit or appeal, providing that upon payment the document shall have the same force and effect as if paid in the first instance.

  • Discretionary Power to Extend Time: 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 of such court-fee.
  • Doctrine of Relation Back: Upon such payment, the document in respect of which such fee is payable shall have the same force and effect as if such fee had been paid in the first instance.
  • Limitation Salvation: Plaint or appeal filed on the last day of limitation with deficient court fees is completely saved from limitation upon payment within the court's extended window.
  • Judicial Discretion Standard: Discretion exercised liberally where non-payment was due to poverty, treasury stamp shortage, or bona fide calculation error.
Key Landmark Precedents:
  • Mannan Lal v. Chhotey Lal, (1970) 1 SCC 354: The Supreme Court authoritatively settled that under Section 149, once the court accepts the deficit court fee, the plaint is validated retrospectively from the original date of presentation; Section 149 completely cures the defect for the purposes of the Limitation Act.
  • P.K. Palanisamy v. N. Arumugham, (2009) 9 SCC 173: The Supreme Court held that Section 149 can be invoked at any stage of the suit before final decree; payment of deficit court fee does not prejudice the defendant on limitation.
  • A. Nawab John v. V.N. Subramaniyam, (2012) 7 SCC 738: The Supreme Court held that while Section 149 discretion is wide, it cannot be exercised to facilitate fraudulent speculation or gross contumacy; bona fide cause must be demonstrated.
Courtroom Practice & Strategic Litigation Guidance:

If limitation is expiring today and stamp vendor treasury stamps are unavailable, file the plaint with nominal court fee accompanied by a Section 149 application requesting two weeks to make up the deficiency; payment within the allowed time saves limitation completely.

Section 148 All 158 Sections of Code of Civil Procedure Section 150