LAW FOR ALL

s.149 CPC = No document which is chargeable with a fee under the Act shall be acted on by any court or any public office unless the appropriate fee payable under the Act in respect of such a document is paid - When a document on which court fee is payable is received in any court or public office, though the whole or any part of the appropriate court fee payable on such document has not been paid, either because of a mistake or inadvertence of the Court, the Court, in its discretion, may allow the payment of the deficit court fee within such time as may be fixed - Upon such payment, such document "shall have the same force and effect" as if the court fee had been paid in the first instance - Indisputably, the expression "document" takes within its sweep a plaint contemplated under the Code of Civil Procedure - Court Fees Act, 1870. Judicial discretion: Exercise of - Scope - Held: It is well settled that the judicial discretion is required to be exercised in accordance with the settled principles of law - It must not be exercised in a manner to confer an unfair advantage on one of the parties to the litigation.= A. Nawab John & Ors. ….Appellants Versus V.N. Subramaniyam ….Respondent = published in http://judis.nic.in/supremecourt/helddis.aspx