Is first stage appeal in civil case considered as continuation of trial case for calculation of fee?
Rajesh
(Querist) 23 March 2015
This query is : Resolved
Is first stage appeal in civil case considered as continuation of trial Case for calculation of court fee ?
I instituted a civil case for Specific performance of agreement in 2008 and had deposited court fees of Rs 30,500.
Meanwhile, Court fees were revised by notification in Nov ,2009 which states that provisions of notification comes into force immediately.
Since, I wanted to file an appeal in the District Court against trial court judgement.
Whether , I have to deposit the court fees same as What I deposited in Trial Case i.e Rs30,500
OR as per revised Court fees Notification.
Request you to guide me.
Devajyoti Barman
(Expert) 23 March 2015
Though appeal is indeed continuation of suit, you have to deposit court fees at revised rate.
Rajesh
(Querist) 24 March 2015
Sorry for delayed response of mine. Discussed with my advocate in Punjab. My advocate wants few convincing points to effectively counter the argument of appellant that since an appeal is a continuation of trial case , an appellant need not pay Court fees as per revised rates when he files an appeal against judgement of trial court .
So request you to provide few points.
