Section 149 — Power to make up deficiency of court-fees
A second chance to stamp the paper. Where the court-fee on a document is unpaid — in whole or in part — the Court may, in its discretion, at any stage, allow the person liable to pay it up. On payment, the document has the same force and effect as if the fee had been paid in the first instance — the cure relates back.
How to read Section 149
The power
The Court may permit a person to make good an unpaid or short court-fee on a document — rather than reject the document outright.
Discretion, at any stage
It is discretionary and may be allowed at any stage of the proceeding — even late, on good reason.
It relates back
Once paid, the document is treated as if the fee was paid in the first instance — curing the defect retrospectively.
The bare Act
Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case may be, of such court-fee; and upon such payment the document, in respect of which fee is payable, shall have the same force and effect as if such fee had been paid in the first instance.
In short: a document on which the court-fee is short or unpaid need not be thrown out — the Court may let the party pay the deficit at any stage, and once paid the document counts as properly stamped from the start.
→ § 149 saves a plaint, appeal or other document from rejection for under-valuation / short stamp. The power is discretionary (often allowed where the under-payment was bona fide). Crucially, the cure relates back to the date of filing — so a document that would otherwise be time-barred can be saved: it is deemed sufficiently stamped when first presented, not only when the deficit is made good.
Key terms decoded
The fee payable on a court document (plaint, memorandum of appeal, application, etc.) under the court-fees law.
The Court-fees Act (and State court-fee laws) that prescribe the fee for each kind of document.
The deficiency — the document is unstamped or insufficiently stamped. § 149 lets either be made good.
Not a right — a judicial discretion, exercisable at any point in the proceeding, usually where the shortfall was bona fide.
Relation back: on payment the document is treated as properly stamped from the date it was filed — not merely from the date of payment.
Because it relates back, a plaint filed in time but short-stamped can be saved even if the deficit is paid after the limitation period.
The picture — pay the deficit, and it counts from the start
§ 149 treats a stamp shortfall as a curable irregularity, not a fatal flaw: the Court can let the party top up the fee at any stage, and once paid the document stands as though correctly stamped from the day it was filed.
Part by part — the one sentence
Where the whole or any part of any fee prescribed for any document by the law … relating to court-fees has not been paid…
The trigger: a document on which the court-fee is unpaid or short — in whole or in part.
…the Court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part…
A discretionary power, exercisable at any stage, to let the party make up the deficit.
…and upon such payment the document … shall have the same force and effect as if such fee had been paid in the first instance.
Once paid, the document is valid as from when it was filed — the cure relates back, saving it from rejection and from limitation.
Why it matters
Substance over a stamp — with a retrospective cure
§ 149 keeps a fee shortfall from sinking an otherwise good case.
Connected provisions
Section 149 is part of Part XI’s time, caveat & fees group. The time the Court grants to make up a fee deficiency is the kind of court-set period it may enlarge under § 148; together they keep procedural shortfalls curable.