Question

As per the Code of Civil Procedure, 1908, where the plaintiff in a civil suit fails to pay the requisite court fee or postal charges for service of summons within the time permitted by the court, the court may:

• A. Return the plaint for fresh presentation.
• B. Dismiss the suit.
• C. Stay the proceedings until service is effected.
• D. Proceed to decide the suit on merits.

Hint:

In CPC, failure to comply with procedural directions relating to service of summons generally results in dismissal for default rather than adjudication on merits.

Answer 1

The Correct Option is B

Step 1: Know the duty.
Under the CPC, 1908, the plaintiff must take the steps needed to move the suit forward, including paying court fee and postal charges for serving summons.

Step 2: Understand summons.
The defendant must be served with summons. For this, the plaintiff deposits the process fee and postal charges within the time the court allows.

Step 3: See the effect of failure.
If the plaintiff does not pay within the time granted, it shows the plaintiff is not pursuing the suit.

Step 4: Find the consequence.
The CPC lets the court dismiss the suit for this default.

Step 5: Rule out wrong options.
The court need not return the plaint, stay proceedings, or decide on merits when the plaintiff has failed to pay these charges.

Step 6: Final answer.
The court may dismiss the suit.
\[ \boxed{\text{Dismiss the suit.}} \]