Court fee
rajendra
(Querist) 23 February 2012
This query is : Resolved
A prliminary issue is framed and tried in a suit for declaration and possession regarding court fee and it is held sufficient contrary to materials placed on record by defendant. Can the defendant challenge the finding in high court or should take it up only in appeal after disposal of the suit ?
prabhakar singh
(Expert) 23 February 2012
You can move to higher court against the order but what benefit would arise to you if court fees is enhanced???????
V R SHROFF
(Expert) 23 February 2012
Raju, you are Advocate for Defendant.
If court finds Court Fees sufficient, close the chapter, and allow Plaintiff to proceed further.
In fact it is in YOUR BENEFIT , as Plaintiff claim is now already Limited to that value. Your burden to pay// whatever/ is reduced!!
If he pays higher Court Fees, it will go to Court, not in your pocket!!What benefit you get??
Adv.R.P.Chugh
(Expert) 23 February 2012
Court Fees in essence is a matter between the state and the suitor - though court is under a duty to reject the plaint if insufficient court fees is affixed (Or. 7 R11) - here you've got an adverse finding with respect to that preliminary issue - you can file a revision (S.115 CPC). However there are less chances of success since - Matters such as these are taken as technical and court's are inclined to decide on merits.
Raj Kumar Makkad
(Expert) 23 February 2012
I confine to only your question and my answer is yes. you can file a revision against the order of trial judge.
