Order vii rule xi
Adv B.B.Gambhir #9814820602
(Querist) 18 August 2012
This query is : Resolved
application under order VII rule XI of the defendant allowed court directed to file advalorem court fee to us. what should i do whether the order is appealable or revision would lie.
ajay sethi
(Expert) 18 August 2012
you are an advocate . if court has directed you to pay ad valorem court fees it would have been advisable for you to have reproduced the court order .
ajay sethi
(Expert) 18 August 2012
Order VII Rule 11 of the Code:
“11. Rejection of plaint— The plaint shall be rejected in the
following cases:—
(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued, and the plaintiff, on
being required by the Court to correct the valuation within a time to
be fixed by the Court, fails to do so;
(c) where the relief claimed is properly valued, but the plaint is
returned upon paper insufficiently stamped, and the plaintiff, on
being required by the Court to supply the requisite stamp-paper within
a time to be fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be
barred by any law;
(e) where it is not filed in duplicate;
(f) where the plaintiff fails to comply with the provision of Rule 9:
Provided that the time fixed by the Court for the correction of the
valuation or supplying of the requisite stamp-paper shall not be
extended unless the Court, for reasons to be recorded, is satisfied
that the plaintiff was prevented by any cause of an exceptional nature
for correcting the valuation or supplying the requisite stamp-paper,
as the case may be, within the time fixed by the Court and that
refusal to extend such time would cause grave injustice to the
plaintiff.”
in your case appears suit has been undervalued and court has directed you to pay proper court fees . if you are aggrieved file a revision aginst said order
Devajyoti Barman
(Expert) 19 August 2012
I could not get you.
What exactly do you want to know?
V R SHROFF
(Expert) 19 August 2012
PAY PROPER COURT FEE , ON VALUE OF SUIT Pay proper advalorem court fee , and the matter is over.
""I UNDERSTAND PLAINT IS NOT REJECTED ""
So no order for rejection is passed. You hv to do within time limit.
prabhakar singh
(Expert) 19 August 2012
Have never read order XLIII of C.P.C
There only you get what orders are appealable under section 104.
With respect to order VII,only order passed under rule 10 and none else are appealable.Then when there is no appeal only revision can lie if your case satisfies the terms for revision laid down in section 115 of C.P.C
