Discussion
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 :
Answer: D
The court may dismiss the suit.
Order IX Rule 2 of the Code of Civil Procedure provides that where summons is not served because the plaintiff failed to pay the court fee or postal charges chargeable for its service within the time fixed, the court may make an order that the suit be dismissed. No such order is made if the defendant appears, in person or by agent, on the day fixed, even though the charges were not paid. Under Order IX Rule 4 the plaintiff may then bring a fresh suit or apply to have the dismissal set aside.
The Code does not provide for staying the suit, deciding it on merits without service, or returning the plaint in this situation; return of the plaint is for a court that lacks jurisdiction.
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