Deficit Court fee
G. ARAVINTHAN
(Querist) 09 December 2009
This query is : Resolved
Suit for recovery of money filed with court fee of Rs30/-
Deficit of Rs.16,400/-
deficit made clear after 3 years of
limitation
Sec 149 CPC application filed after two months of payment of deficit fee
Judge allowed the application without reasons.
what is the remedy for respondents now?
Raj Kumar Makkad
(Expert) 09 December 2009
File the revision against the order before High Court.
RASIK DAGLI
(Expert) 11 December 2009
Payment of deficit Court Fees has no bearing on the Limitation for filing Suit. A civil Suit is deemed to have been filed on the date on which it is lodged to the Court Office. Normally a Lodging Number is given. If there is any objection, such as deficit Court fees, the Suit will be given number only after the objection is removed. In your case suit filed will not be barred by Limitation if Deficit Fees is paid as per order of the Court.
RASIK DAGLI
Advocate
G. ARAVINTHAN
(Querist) 11 December 2009
But the plain is not properly presented and the deficit fee is not at all paid with an application under 149 CPC
