Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Issue of limitation and Court fees - Partition suit - Issue of limitation and Court fee are very much inter linked as plaintiff is not in possession and both are factual issues which will have to be proved by defendants after leading evidence - Suit cannot be dismissed on said preliminary issues...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for damages - Court fee - Valuation put forth by plaintiff has to be tentative and cannot be disputed and where Court is unable to say what the correct valuation of the relief is, plaintiff cannot be called upon to pay the entire court fee which is yet to be ascertained - Court fee payable shall be..........
Court Fees Act, 1870, Section 4, Civil Procedure Code, 1908, Section 149 -- Deficient court fee - S.149 CPC is to be read as a proviso to S.4 of Court Fees Act - Court can fix a period of time in which deficiency in Court fee can be made good...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Declaration of rights of parties to partition suit is not dependent on payment of Court fee by defendant - It affects only actual partition and separation of his share in property...........
Civil Procedure Code, 1908, Order 16, Rule 7A -- Summoning of witnesses - Process fee though paid but witnesses did not turn up - Court should procure the attendance of witnesses by coercive method - Plaintiff cannot be compelled to take dasti summons for witnesses - Evidence of plaintiff cannot be closed for his failure to take dasti summons...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Suit by indigent person - Honest belief of plaintiff at the time of institution of suit that he would be able to pay Court fee at a later point of time, would not debar him from claiming benefit of O.33 CPC, if subsequently, it is found that he is unable to pay balance Court fee...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Where one tenth court fee due at the stage of institution of suit was paid and plaintiff thereafter faced a situation where he claimed from payment of balance court fee, it is sufficient that plaintiff filed an interlocutory application with an affidavit supporting such application and containing the..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue as indigent person - Plaintiff filed an application to sue as an indigent person after filing of suit - Documents on record shows that plaintiff sold various properties during pendency of suit - Plaintiff did not disclose the purpose for which he utilized sale proceeds - Contumacious conduct on part of..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Issue of Court fee - Cannot be decided as preliminary issue in the absence of finding that valuation of suit has been done in such manner that valuation of suit would take it out of pecuniary jurisdiction of Court...........
Civil Procedure Code, 1908, Section 100 -- Suit decreed and counter claim dismissed - Two appeal filed thereagainst - Appellate Court consolidated the appeals and disposed them of by a common judgment - Single second appeal by paying separate Court fee filed - Held, appeal is maintainable...........
