Incorrect court fees
Ramesh Tikamdas Bajaj
(Querist) 22 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.
Pls Note : I am the defendant and
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)
3. I would highly appreciate, if someone could suggest a remedy so that the plaintiff is forced to pay correct fees ( and without defendant having to spend a lot to convince the court that this should be done.) The plaintiff is just out to harass.
Devajyoti Barman
(Expert) 22 August 2012
1. No
2 & 3. Yes and if the plaintiff fails to submit the court fees within the time given by the court, the plaint would be rejected under order 7 rule 11 cpc.
Anirudh
(Expert) 22 August 2012
Please indicate whether you have engaged any lawyer in the case or you are handling the case yourself in person?
