Sardar Tajender Singh Gambhir & Anr vs Sardar Gurpreet Singh & Ors

The Supreme Court held that under Section 6(2) and (3) of the Court Fees Act, 1870, a plaint cannot be acted upon unless the deficiency in court fee is made good, and no judgment can be delivered without rectifying such deficiency. The Court emphasized that the power to allow payment of deficit court fee under Section 149 of the CPC is applicable only during the pendency of the suit, not at the appellate stage. The High Court's decision to set aside the order of the Additional District Judge was upheld, reinforcing the necessity of adhering to court fee requirements before proceeding with appeals.