Stamp fees
Ramesh Tikamdas Bajaj
(Querist) 18 January 2013
This query is : Resolved
In LE suit in small cause court, one of the new issues framed is about valuation and stamp fees paid.
The plaintiff has paid Rs. 15000/- only whereas the property's value is 8 crores.
Can the suit be heard if correct stamp fees are not paid immediately? will the suit be dismissed if correct/balance court fees are not paid?
2. The plaintiff has not even filed evidence for over 2 years and the defendants have filed evidence and given inspection
ajay sethi
(Expert) 18 January 2013
The Code of Civil Procedure empowers the court to make up deficiency of court fees and under Order VII Rule 11 it is provided that the plaint shall be rejected where the relief claimed is undervalued, and the plaintiff on being required by the court to correct the valuation within a time to be fixed by the court fails to do so.
Raj Kumar Makkad
(Expert) 18 January 2013
Move an application under Order 7 Rule 11 read with section 151 of CPC seeking rejection of plaint on that basis.
