Court of small cause court
Ramesh Tikamdas Bajaj
(Querist) 21 August 2012
This query is : Resolved
What is the remedy if a litigant has not paid the correct court fees in small cause court case?
Is it the duty of the Registrar to enforce this at time of filing suit?
What,( if the defendant notices this after a lapse of 2 years) should the defendant do? Can he point it out to the court and ask that the correct fees be paid before the case proceeds? Will the court allow it?
I think that the Registrar, or whoever the concerned officer is, should make sure that correct fees are paid at time of filing suit.
Pls advise.
What I would like to know is the following:
1. Can the plaintiff object to this delay on part of defendant and avoid paying the fees;
2. Should the court force plaintiff to pay before proceeding with the case.? Can the court force do this? (in this case plaintiff has paid just Rs. 15000/- whereas he should have paid over Rs. 1 lakh as the property is worth 8 crores and the blatantly false case has been filed purely to harass)
R.K Nanda
(Expert) 21 August 2012
Only remedy is to pay the deficient court fee.
Raj Kumar Makkad
(Expert) 21 August 2012
None other than petitioner/plaintiff is responsible for the deficit of the court fee and he cannot shieft his liability towards any other person or authority. This deficit can be met even in appeal what to talk of during the trail after 2 years.
