Interim relief without paying proper court fee
Krishnaraj
(Querist) 10 March 2018
This query is : Resolved
Hello sir,
I would like to know whether court can pass a interim stay order ( injuction ) without paying proper court fee by the plaintiff ? if No, kindly let me know the under which section .
Narration :
I have purchased a property through sale deed dated 06-01-2016, wherein 5 defendants have personally executed the document , and a Plaintiff was represented by a Defendant No 1 through GPA duly executed before the notory.
Now the plaintiff have approached the court for cancellation of ENTIRE SALE deed, and paid the court fee ONLY to the extant of 1/6 of his rights. The court has granted the interim relief to the plaint by passing the injection against me by 1) Putting up any construction, 2 ) Alienating the property , 3) creating encumbrance .
So, my point is can the court grant interim relief to the plaint for paying only 1/6th amount of the property as Court fee, wherein he asked for cancellation of entire Sale deed.
If No, kindly let me know under what section we can put forward our case.
Thankyou in advance.
P. Venu
(Expert) 11 March 2018
The question of court fee is between the Court and the plaintiff; the defendant need not have any concern.
J K Agrawal
(Expert) 11 March 2018
Agree with P Venu. Court fee is question between Government and the Court so the defendant get no right to interfere jurisdiction of court, solely on ground of court fee but at the same time the defendant can raise a question. The court is duty bound to decide the question of court fee first. The court fee act is different in each state but every state has incorporated such a provision. If you are an advocate, we can suggest relevant sections and law. Thanks
Dr J C Vashista
(Expert) 12 March 2018
If you feel so, you should request your lawyer to file an application u/o VII Rule 11 of the Code of Civil Procedure, 1908 for rejection of suit on the premises of deficient court fees.
