Querist :
Anonymous
(Querist) 19 August 2018
This query is : Resolved
Respected Lawyers Sirs - I filed a case of specific performance in Delhi High Court in September 2006 as per jurisdiction and value of the property. I had deposited the requisite court fee. But in around July, 2015 when the case was at final argument stage, it was transferred to lower court by an order upto the value of Rs.2 Crs. The lower court delivered judgement in September 2016 which was challenged in Delhi High Court. Again I had to deposit the required court fee. Now the single bench judgement has been delivered setting aside the lower court judgement but the reward is just insufficient. I was to place the case before the double bench. Please advice whether the court fee shall be payable again for the third time for the same case in the same court. Also please advise whether the SLP can be filed in SC. Kindly suggest. Best Regards,
P. Venu
(Expert) 20 August 2018
What is the decision of the Lower Court? Why an appeal? Why further appeal?
Querist :
Anonymous
(Querist) 20 August 2018
Lower Court awarded 18% interest on our earliest money from the date of its payment. And the High Court double the amount of earnest money from the date of sending legal notice to the Defendants but reduced the interest from 18% to 12%. Thereby we have gained about 10 lakhs but we can not buy any property from the amount we shall be receiving. We have a positive thought that the entire case involving all the issues has been written in judgement in our favor then why the single bench judge did not give us the property which is valued over Rs.2 Crs. I shall make more clear if any further clarification is required.
Dr J C Vashista
(Expert) 21 August 2018
No need to pay court fees in third appeal, which is LPA.
P. Venu
(Expert) 21 August 2018
You are yet to post the material facts.
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