Court fee suit valuation
Guest
(Querist) 14 March 2017
This query is : Resolved
Dear experts good evening
I am seeking your valuable guidence regarding the following
X had executed four promissory notes in different dates for each Rs.50,000/- infavour of Y.
Whereas the X failed to repay Y preferred to sue.
A common suit was prepared for the four promissory notes dipending on their calculations. Suit promissory note dated 14/05/2014 for Rs. 50,000/-, suit promissory note dated 28/5/2014 for Rs.50thousand, suit promissory note dated 02/06/2014 is of Rs.50,000/- and suit promissory note dated 08/06/2014 is for Rs.50,000/- and interest is caliculated as per their timings and in toto a claim of Rs.2,67,059/- and court fee is caliculated on total amount. but the honourable court is asking to pay court fee differently for each promissory note and returned the plaint to pay deficit court fee. whether it is genuine ???
How the court fee should be paid in toto for all the promissory notes (four exhibits) or different court fee has to be paid for each pomissory note???
please clarify the issue and quote me the exact citation infavour of the plaintiff regarding the payment of court fee for the total suit amount claimed basing on different pronotes between the same parties with same cause of action immediately, for which your suggestions I shall be ever thankful.
Adv. Yogen Kakade
(Expert) 15 March 2017
Four different suits requires payment of four different court fees as per the suit amount.
Rajendra K Goyal
(Expert) 15 March 2017
Citation / Judgment / reference cases / ruling / decided cases not provided / supplied.
Dr J C Vashista
(Expert) 17 March 2017
I agree with the expert advise of Mr. Yogen Kakade.
Each suit is different, which require to be valued separately and ad valorum court fees is to be paid as per your state.
Surrender K Singal
(Expert) 17 March 2017
Suit is ONE only though based on four P/Notes by the same Defendant in favor of same Plaintiff ? is it not so ? Experts may pls. re-opine !
Dr J C Vashista
(Expert) 18 March 2017
As opined and advised by expert Sh. Surender K Singal, which I fully agree, if the suit is one and only one, it is to be valued vis-a-vis stamped as one suit irrespective of the fact that it is based on one, two, three or all four promissory notes.
