Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that sale deed is null and void - Plaintiff neither is executant of sale deed nor has sought possession - Being a non-executant, plaintiff can avoid sale deed and thus, is not required to affix ad valoram Court fee on the value of property - Plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - For the purpose of evaluating the value of suit and for adjudicating upon application U.O.7.R.11 CPC, Court has to evaluate the plaint as a whole...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Once objection is raised about insufficiency of Court fee, it is required on the part of Court to decide the same first and then proceed to decide the other issues...........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Witness - Non appearance - Where a witness fails to comply with summons of Court and evidence of said witness is material, then in such a situation, Court is required to take coercive steps including issuance of warrants, moreso when party leading its evidence has done all that is in their hand for summoning them through the..........
Civil Procedure Code, 1908, Section 89, Court Fees Act, 1870, Section 16 -- Refund of Court fee - Compromise - Compromise has been entered into between parties before Mediation and Conciliation Centre - Applicant is entitled to refund of Court fee...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement - Civil suit dismissed on an application filed U.O.23.R.1 CPC, as plaintiff does not want to continue the proceedings - Parties have entered into an outside Court settlement and does not want indulgence from Court for outside Court settlement - In such..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to condition for deposit of Rs.10 lakhs - Huge amounts were due from defendant to plaintiff - Defendant is continuing in possession of property under license agreement for past four years without paying any amount either as lease amount or license fee - Court had imposed a condition for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that sale deeds are null and void - Plaintiffs were not executant of sale deeds and were not privy to transaction in any manner - They are not required to pay ad valorem Court fee - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and mandatory injunction - Declaration and consequential relief claimed distinct to each other - Injunction claimed is not consequential to the declaration made - Relief of declaration and injunction needs to be valued separately and ad valorem court fee is..........
