Is there any provisions in law which permits the Plaintiff to file money suit against defendant and pray to the court to bear court fees amount by the Defendant?
N.K.Assumi (Advocate) 06 December 2012
Is there any provisions in law which permits the Plaintiff to file money suit against defendant and pray to the court to bear court fees amount by the Defendant?
ashok kumar (Social Worker) 06 December 2012
As far as prayr is concerned you can make any prayer to any court but it is not and never possible that any court will grant such a prayer
On the contrary if you file a case with this kind of a prayer teh case will be dismissed in he very first instance and the court may impose a heavy cost on you for wasting teh time of court and abusing teh process of law
N.K.Assumi (Advocate) 07 December 2012
Thanks Ashok.
surjit singh (Assistant) 07 December 2012
Mr Assumi you can file the money suit after paying the court fee, and you can pray for the cost of the suit which also includes the court fee paid and also includes the other costs. In most of the cases when the plaintiff becomes successful in the suit the cost of the suit are allowed when decree is prepared.
There is a provision for plainitiff who are insolvent and has no source to pay the court fee in that case also defendant cannot be asked to bear the court fee at the time of initial filing stage.