what is the effect of amendment
KANDE VENKATESH GUPTA
(Querist) 03 January 2009
This query is : Resolved
Dear friends, Happy New Year-09.
I am appearing for the plaintiff. Originally the suit is filed for grant of bare permanent injunction in the year 2006. As the defendant in the suit denied my client's title, I have filed an application for amendment of plaint for incorporation of the relief of declaration of title and the same is allowed. However, the court is insisting me to pay the court fee on the relief of declaration of title as per the market value of the property, as existing to-day i.e., December-2008 i.e., date of amendment, which would be costing me heavily. I am contending that, since amendment relates back to the date of filing of the suit and as such I am liable to pay the court fee taking into consideration the market value existed in the year 2006. Now the matter stands for hearing on Monday i.e., 5-1-2009. Please advise and help me with the decided cases, if any, by the Hon'ble Supreme Court and other High Courts. Matter is most urgent.
Thanx in advance,
Kiran Kumar
(Expert) 05 January 2009
well Mr. Gupta what i believe the court is right.....but u ve raised a good query, i ll find few judgments for u...pls wait.
KAMARAJ BHARATHY G
(Expert) 07 January 2009
Mr. Gupta your case has question of law. Hence the trial court has no right to dicide the question of law. therefore you can file a petition to concern court for refere this question to the concern high court as reference
KAMARAJ BHARATHY G
(Expert) 07 January 2009
Mr. Gupta your case has question of law. Hence the trial court has no right to dicide the question of law. therefore you can file a petition to concern court for refere this question to the concern high court as reference
KAMARAJ BHARATHY G
(Expert) 07 January 2009
Mr. Gupta your case has question of law. Hence the trial court has no right to dicide the question of law. therefore you can file a petition to concern court for refere this question to the concern high court as reference
Jithendra.H.J
(Expert) 11 January 2009
you have not revealed the subject matter of the suit, whether it is agricultural propertyu, house etc., if the property is agricultural property, the court fee depends on the revenue you have to find the market value by clacualting the revenue.
