The question of payment of court-fees is primarily a matter between the Government and the person concerned and therefore where the High Court in the exercise of its discretion allows the appellant to amend his memorandum of appeal and grants time for payment of deficient court fee under S. 149, the other party cannot attack the order on the ground that it takes away his valuable right to plead the bar of limitation.
It is true that the petitioner filed the application for granting time under S. 149, C.P.C., which is the provision for granting time for payment of the court-fee. It does not, however, matter. On the ground that a wrong provision of law has been quoted in the application it cannot be dismissed. The application can still be treated as the one filed under the provision which is the correct provision of law.
In ca3e of insufficiency in stamped appeal, dismissal of application for restoration without giving opportunity to make good deficient court-fee is not proper.
The aid of section 149, could be taken only when the party was not able to pay court-fee in circumstances beyond his control or under unavoidable circumstances and the Court would be justified in an appropriate case to exercise the discretionary power under S. 149 after giving due notice to the affected party.