Stamp duty of filling of civil suit
sandeep rane
(Querist) 27 September 2012
This query is : Resolved
If I have to file a civil suit and I am not in a position to pay the Stamp duty then can I request to the Court that I am not in a position to pay the Stamp Duty and I will be in Position to pay Stamp duty after two years therfore allow me to file suit and start proceeding today without paying stamp duty and I am ready to pay Stamp duty after two years also with interest .
R.K Nanda
(Expert) 27 September 2012
no, u cannot file suit without court fees.
ajay sethi
(Expert) 27 September 2012
not possible . payment of courtfees is necessary for filig suit .
V R SHROFF
(Expert) 27 September 2012
rcs for Injunction etc , the court fees are nominal , Only 200/-
For Divorce & Matri Rs.100/- only
For Ladies , it is free
For adivasi etc they are exempted in many states.
can try file pauper suit also, though rarely admitted.
Contact Free Legal Aid , avl in all courts. You will be helped
Rajeev Kumar
(Expert) 27 September 2012
It is not possible to file civil suit without courtfee. If you are within the exempted category then it is possible. Where as the question of Pauper suit lies, it is rarely admitted.
V R SHROFF
(Expert) 27 September 2012
mayur shd give detail of case, & party concerned with location; to help him out.
prabhakar singh
(Expert) 29 September 2012
To file a suit without court fees you need to file an application for declaration as an indigent person against the state,you shall have lead evidence to prove your indigence and after the court declares you indigent it shall register your suit in regular side to proceed even without court fees.
prabhakar singh
(Expert) 29 September 2012
ORDER XXXIII. [SUITS BY INDIGENT PERSONS]
ORDER XXXIII. 1[SUITS BY INDIGENT PERSONS]
1. Subs, by Act No. 104 of 1976 for "Suits by Paupers" (w.e.f. 1-2-1977).
1. Suits may be instituted by in by indigent person.
Subject to the following provisions, any suit may be instituted by 1[an indigent person]
2[Explanation I—A person is an indigent person,—
(a) if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
Explanation II—Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.
Explanation II—Where the plaintiff sued in a representative capacity, the question whether he is an indigent person shall be determined with reference to the means possessed by him in such capacity.]
1. Subs, by Act No. 104 of 1976 for "pauper" (w.e.f. 1-2-1977).
2. Subs, by Act No. 104 of 1976 for the former Explanation (w.e.f. 1-2-1977).
