VIKAS GARG (LAWYER) 03 November 2009
plaintiff filed suit without court fee. court rejected plaint under rule 11 of order 7 of cpc. fresh plaint is filed. but after the rejection of first plaint and before filing there is amendment in court fee. now tell me whether in fresh suit plaintiff need to deposit old described court fee or new one. is any authority of it..what do u thing ..give some reason..
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 03 November 2009
No fee was paid in earlier suit as you told so no question of adjustment or mention of ealrier arises, however, it should be mentioned in the plaint about the rejection of earlier suit so that no future supression of fact may be alleged.
Hemant Narayan Gokhale (Advocate) 03 November 2009
No , plaintiff must take mention in new suit the new cause of action on which suit based or inrespect of earlier suit.
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