Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time - Order allowing to pay deficit Court fee passed without giving notice to defendant - Impugned order set aside - Matter remitted for decision afresh after issuing notice to defendant...........
Civil Procedure Code, 1908, Order 33, Rule 1, 2, 6, Himachal Pradesh Tenancy and Land Reforms Act, 1972 - - Permission to file suit as an indigent person - Plaintiff physically disabled person - Plaintiff entitled to relief of non payment of Court fee in terms of the provisions of Himachal Pradesh Legal Services Authority Act, 1987 - Held, when application is filed U.O.33..........
Civil Procedure Code, 1908, Order 7, Rule 11 - - Suit for cancellation of sale deed - Suit neither properly valued not proper Court fee is paid - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of pecuniary jurisdiction - Suit for cancellation of sale deed - Court below not conducted any inquiry as required and mandated u/s 7 of Karnataka Court Fee Act - Defendant on whom onus rests to demonstrate that Court has no pecuniary jurisdiction or Court fee paid is insufficient, has failed to place..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ad valorem Court fee - Simpliciter suit for declaration that sale deed is null and void filed by plaintiff, as they are stated to be in possession of suit property - Plaintiff not sought for relief of possession and cancellation of sale deed - It cannot be said that plaintiff would deem to be party of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit Court fee - If the allegations made in plaint are vexatious and clever drafting of plaint has created an illusion in respect of a cause of action, remedy available to defendants is to avail stage of O.10 CPC i.e at the first hearing by examining parties and then act in accordance with law - At..........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still trial Court directed defendant to..........
Civil Procedure Code, 1908, Order 7, Rule 11(2) -- Revision petition - Rejection of plaint - Non-payment of sufficient court fee - Trial Court failed to advert to nature of the land being agricultural land and at the same time, Court has also not adverted to fact that by way of filing second application by the plaintiff himself whether he has acquainted factum of order..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Settlement of dispute - S.16 of the Act, can be made applicable only when parties are able to reach a settlement after a reference to ADR u/s 89 CPC...........
Court Fees Act, 1870, Section 16, 16A, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Settlement of dispute - Case incorporates elements referable to both Ss.16, 16-A of the Act - Parties were referred to mediation and it was successful and parties arrived at a settlement, which was incorporated in a decree - Since conditions of S.16 of the Act satisfied,..........
