L e suit in small cause court
Ramesh Tikamdas Bajaj
(Querist) 04 February 2015
This query is : Resolved
A totally false/bogus LE suit was filed by my brother in 2009, just to harrass me and my family (even though I was recognized as one of the owners of the suit premises.
The premises was sold more than a year back and I signed sale deed as one of the owners.They had signed agreement to withdraw the false case (within 2 weeks of sale) but kept on dragging on by not being present in the court.
In the meantime, Court ordered that proper stamp fees (approx 90000/-) should be paid. Still the plaintif's advocate remained absent to avoid paying stamp fees. This is cheating, I feel.
The Court dismissed the matter and plaint was rejected after 6 years.
How can the court recover the stamp fees?
I would like to assist the court in this matter.During one hearing, the Judge said the court fees have to be paid and will not be refunded even after withdrawal of the suit after 6 years. Issues had been framed and evidence had been filed, etc,etc. I have to get copy of evidence.
It is important that they should not get away with the crime, having wasted 6 years of the court on a blatantly false case.
How can the court fee be recovered from their advocate and plaintif? or will advocate also escape.?
Devajyoti Barman
(Expert) 04 February 2015
Plaint of a suit rejected on non payment of deficit court fees and once the suit dismissed the court or party can not recover the deficit court fees.
Rajendra K Goyal
(Expert) 04 February 2015
Court fee can not be recovered from the lawyer of the plaintiff. He can not be made liable.
If the case was dismissed for not paying the court fee, the fee can not be recovered.
T. Kalaiselvan, Advocate
(Expert) 07 February 2015
When there is no case at all, there is no question of court fee or deficit court fee to be paid to the court. The court has dismissed the suit for deficit of court fee, so there is case pending, therefore no question of recovery.
