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Judgment
Vijendra Jain, J.—Aggrieved by the order passed by the Additional District Judge, the petitioner has preferred the present civil revision. The short controversy involved in this petition is that suit was filed on 1st August, 1996 with deficient Court fee of Rs.1.50/- which was affixed on the plaint. On 2nd August, 1996 when the suit came in the Court, the Presiding Officer was on leave and the matter was thereafter listed on 9th August, 1996. On 9th August, 1996 following order was passed;
"Present-counsel for the plaintiff.
Deficient court fee and documents filed. Suit be checked up and registered.
Issue notice to defendants on process fee and registered cover for 23rd September,1996."
Although later on as the defendants did not appear inspire in service, they were proceeded ex-parte on 6th November,1996.
On 19th December, the Additional District Judge dismissed the suit of the plaintiff on the ground that when the suit was originally filed on 1st August, 1996, requisite Court fee was not paid and, Therefore, on 9th August, 1996 the suit was barred by limitation when the Court fee was filed. Learned counsel for the petitioner has brought to the notice of this Court State of Karnataka Vs. M/s. Coimbator Premier Constructions 1998(1) K.L.J. 249 and it is contended that as a matter of fact on 9th August, 1996 by registering the suit and issuing summons to the defendants the learned Additional District Judge has condoned the delay in making good deficiency in court fee. In my opinion, on 9th August, 1996 once the Presiding Officer consciously made an order that the deficiency in the Court fee has been met by the plaintiff then the deeming fictions comes into play and that relates back from the date of institution of the suit which was instituted on 1st August, 1996 when the suit was in time. The authority cited by the learned counsel for the petitioner squarely covers the present case. I also agree with the same view. The order of the Additional District Judge is set aside.
List this matter before the Additional District Judge on 17th August, 1999 who may proceed with the case in accordance with law.
Trial Court record be sent back forthwith.