Extension of time for deficit court fee remains possible after expiry where sufficient cause is shown under the Civil Procedure Code.

Sections 148 and 149 of the Code of Civil Procedure, 1908 are enabling provisions of wide amplitude and permit enlargement of time for payment of deficit court fee even after the original period has expired, if sufficient cause is shown. A peremptory order fixing time is intended to secure prompt compliance and is ordinarily in terrorem, but it does not by itself extinguish the court's jurisdiction to grant extension where justice requires it. The inherent power under Section 151 may also be invoked in appropriate cases. The High Court's view that it lacked power to extend time after treating the appeal as dismissed was erroneous, and relief could still be granted.

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Issues: Whether the High Court had power to extend the time fixed for payment of deficit court fee under the Code of Civil Procedure, 1908, even after the original period had expired and even after an order had been made treating the appeal as dismissed for non-payment.

Analysis: Sections 148 and 149 of the Code of Civil Procedure, 1908, are enabling provisions of wide amplitude and permit enlargement of time even after the expiry of the period originally fixed, provided sufficient cause is shown. The Court held that a peremptory order fixing time for payment is intended to secure prompt compliance and is ordinarily in terrorem, but it does not wholly deprive the Court of jurisdiction to notice circumstances arising within the time fixed or to do justice where the application for extension was made within time. The Court further held that the inherent power under Section 151 of the Code of Civil Procedure, 1908, could also be invoked where justice required it, and that the application was not barred merely because the High Court had earlier treated the appeal as dismissed.

Conclusion: The High Court's view that it lacked power to enlarge time was erroneous. Time could validly be extended, and the appellant was entitled to relief on showing sufficient cause.

Ratio Decidendi: A civil court retains power under Sections 148 and 149 of the Code of Civil Procedure, 1908, and in appropriate cases under Section 151 of the Code of Civil Procedure, 1908, to enlarge time for doing an act even after the original period has expired, where sufficient cause is shown and the matter has not been finally and irrevocably foreclosed.

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