Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Plaintiff claiming that they are in joint possession along with defendants - Contention that plaintiffs are not in joint possession is a question of fact, which will be decided after evidence is let in - Court can collect Court fee at any stage of suit - Application..........
Court Fees Act, 1870, Section 7 -- Court fee - Partition suit - When separate possession is claimed by plaintiff through partition by metes and bounds to the extent of her share, plaintiff is liable to pay Court fee only with regard to value of her share at the time of passing of final decree...........
Court Fees Act, 1870, Section 7(viA) -- Court fee - Partition suit - Suit instituted by plaintiff and valuation of suit as made by her was appropriately valued as per trial Court after calling for a report from Amin - No error found in said judgment of trial Court - However, subsequently when parties lead their evidence, superior appellate Court or revisional Court comes..........
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...........
Court Fees Act, 1870, Article 17(vi) -- Schedule II - Court fee - Partition suit - When a partition is sought by co-owner, Court fee which is payable is a fixed Court fee in terms of Schedule II, Art.17(vi) of the Act, in as much as every co-owner is either in actual physical possession of whole or part of property or in law has to be taken in deemed possession or..........
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...........
Court Fees Act, 1870, Section 7(viA) -- Court Fee - Partition suit - Defendant not denied the possession of plaintiff - Question of Court fee in accordance with S.7(vi-A) of the Act, would arise only when plaintiff's possession is denied - Since there was no denial by defendant as neither an affidavit in support of objection regarding deficiency of Court fee nor any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement schedule in seeking for..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Partition suit - Where plaintiff claims to be in possession of suit property, no ad valorem Court fee is required to be affixed, as every co-sharer is by legal fiction deemed to be owner in possession of every part of property...........
Court Fees Act, 1870, Article 17(vi) -- Court fees - Partition suit - Where a joint possession is pleaded by plaintiff in the partition suit on the basis that he/she is a co-owner in law, then Court fee payable u/art 17(vi) of Sch.II of Act is on the presumption of joint possession of plaintiff even if he/she is not in actual possession...........
