Or23 ru1c.p.cand court fees
awadhesh khadiwala
(Querist) 13 March 2014
This query is : Resolved
A file a suit for permanent injunction.COURT granted interim injunction, during pendency of suit def.encroached on the land and made path and culverts.a seeks amendment and prayed that def. be evicted and if decree of eviction is not passed a decree of rs .2 lach be passed court fees shall be payed at the time of execution amendment allowed. but at the time of settlement of issue court pass an order to pay court fees on rs.2 lakh a recall app.rejected revision against rejection order and appeal against settlement of issue also dismissed. a filed an app.u/o 23 rule 1 to withdraw his prayer for decree of rs. 2 lakh def.raised that A should pay court fees first whether court fee is payble.
Devajyoti Barman
(Expert) 14 March 2014
If the plaintiff wish to withdraw the suit, he can not be forced to pay court fees.
Pray for withdrawal with liberty to file afresh.
Rajendra K Goyal
(Expert) 14 March 2014
Agree with the expert Devajyoti Barman ji. prey the court for withdrawal to file fresh.
T. Kalaiselvan, Advocate
(Expert) 14 March 2014
Yes with a leave of the court to file a fresh suit, the present suit can be withdrawn and once the suit is withdrawn, court fee need not be paid.
V R SHROFF
(Expert) 29 March 2014
APPLY TO WITHDRAW WITH LEAVE TO FILE FRESH SUIT..
