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

Concept: The Code of Civil Procedure, 1908 requires the plaintiff to take all necessary procedural steps for the progress of the suit. Payment of court fees and process fees for issuing summons is one such mandatory requirement. Failure to comply with these directions may result in dismissal of the suit.

Step 1: Understanding the procedural requirement.
When a suit is instituted, summons must be served upon the defendant. For this purpose, the plaintiff is required to deposit the prescribed process fee, postal charges, and comply with other directions issued by the court.

Step 2: Effect of non-compliance.
If the plaintiff fails to pay the required court fee or postal charges within the time granted by the court, it indicates a lack of prosecution of the suit. The CPC empowers the court to dismiss the suit for such default.

Step 3: Applying the rule to the present question.
Since the plaintiff has failed to perform the procedural requirements necessary for service of summons, the appropriate consequence is dismissal of the suit. \[ \boxed{\text{Court may dismiss the suit for default}} \]

Answer 2

The question turns on what happens when a plaintiff, having been directed to pay court fee or postal charges for serving summons on the defendant, fails to do so within the time fixed by the court. This is squarely governed by Order IX Rule 2 of the Code of Civil Procedure, 1908, which deals with the consequence of non-service of summons caused by the plaintiff's own default in paying the required fee or charges. Examining each option against that rule shows which one the Code actually prescribes.

1. Return the plaint for fresh presentation: Return of a plaint under Order VII Rule 10 CPC is meant for situations where the plaint has been filed in a court that lacks jurisdiction, not for a default in paying court fee or postal charges after institution of the suit. Returning the plaint would not address the plaintiff's failure to enable service, so this option does not fit the situation described.
2. Dismiss the suit: Order IX Rule 2 specifically provides that where summons has not been served on the defendant because the plaintiff failed to pay the court fee or postal charges required for such service, the court may dismiss the suit. This is a direct and precise match for the facts in the question, since the default described is exactly the one this rule addresses.
3. Stay the proceedings until service is effected: A stay presumes that the suit continues to pend while some external step is awaited, such as a connected proceeding elsewhere. The Code does not stay a suit merely because the plaintiff has not paid the fee needed for summons; instead it treats this as a default attributable to the plaintiff, which attracts dismissal rather than an indefinite pause.
4. Proceed to decide the suit on merits: A suit cannot be decided on merits when the defendant has not even been served with summons, because the defendant would have had no opportunity to appear or contest the claim. Deciding on merits without service would violate the basic requirement of notice to the opposite side, so this option cannot be correct.

Only dismissal of the suit corresponds to the scheme laid down in Order IX Rule 2 CPC for a plaintiff's failure to pay court fee or postal charges for service of summons within the time allowed.

Hence, the correct answer is dismiss the suit.