JUDGMENT : Sangeet Lodha, J. 1. This revision petition is directed against order dated 19.4.14 passed by the Additional District Judge No. 2, Bhilwara in Civil Suit No. 81/13(157/13), whereby while allowing an application preferred by the plaintiff under Section 151 CPC, the time granted for filing the deficient court fee stands extended. 2. The relevant facts are that the respondent-plaintiff filed a suit for specific performance of contract against the petitioner-defendant. The petitioner-defendant preferred an application under Order 7, Rule 11 CPC, seeking rejection of the plaint on the ground of insufficiency of the court fee paid. 3. The application was disposed of by the trial court vide order dated 28.3.14, granting 15 days time to the plaintiff to file the deficient court fee. The plaintiff could not file the deficient court fee within the stipulated period and therefore, moved an application under Section 151 CPC, for extension of time to file the deficient court fee, as directed by the court on 28.3.14. The application has been allowed by the trial court by the order impugned and the plaintiff has been granted two weeks further time to do the needful. Hence, this petition. 4. Learned counsel appearing for the petitioner contended that while deciding the application preferred under Order 7, Rule 11 CPC, the court having fixed the time for filing the deficient court fee, the trial court was not justified in further extending the time and the plaint was liable to rejected on account of insufficiency of the court fee. 5. I have considered the submissions of the learned counsel. 6. It is true that in terms of Order 7, Rule 11 (C) CPC, if the plaintiff fails to supply the requisite stamp papers within the time to be fixed by the court, the plaint is liable to be rejected. But then, by virtue of proviso to Order 7, Rule 11 read with Section 151 CPC, the court is empowered to grant extension of time if the plaintiff is prevented by sufficient cause in filing the requisite court fee within the stipulated period. 7.
But then, by virtue of proviso to Order 7, Rule 11 read with Section 151 CPC, the court is empowered to grant extension of time if the plaintiff is prevented by sufficient cause in filing the requisite court fee within the stipulated period. 7. In the considered opinion of this Court, on the facts and circumstances of the case, the order impugned passed by the trial court, granting extension of time for filing the deficient court fee, exercising its discretion, does not suffer from any illegality, irregularity or jurisdictional error so as to warrant interference by this Court in exercise of its revisional jurisdiction. The revision petition is, therefore, dismissed.