Court fee issue

G D Srinivas (Querist) 24 January 2015 This query is : Resolved
The Plaintiffs had filed the Suit for Partition and separate possession of share of 6/25 in ‘A-Schedule Property and 1/5th share in ‘B-Schedule Property and ‘C-Schedule Property along with mesne profit from the date of suit till the date of disposal of the Suit and declaration of Partition Deed registered before the office of Sub-Registrar.., as null and void in respect of Suit Schedule Property comprising of Schedule-A, Schedule-B and Schedule-C properties with other consequential reliefs. The Trial Court has miss-interrupted that the preliminary issue regarding Court Fees is a mixed question of law and fact and trial has to take place. what is remedy

Follow Query

Report Abuse

ROHIT SHARMA (Expert) 24 January 2015
1. The preliminary issue of court fee will be first decided and then the trial can continue.

Dr J C Vashista (Expert) 25 January 2015
If you are aggrieved by the interim order passed by the trail court file appeal or revision (as the case may) before appellate court.
However, the trail court has to decide first that whether appropriate court fees has been paid or not. If not, before proceeding further, the court shall direct the plaintiff to pay it within a stipulate time.