Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court below while allowing application for appointment of Local Commissioner did not mention the quantum of fee of Local Commissioner and who will pay the same and thus, left it to sole discretion of local commissioner - Said vague order set aside - Trial Court directed to pass fresh order...........
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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Relief of restoration of possession - Amendment sought to pay Ad Valorem Court fee - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration - Matter of Court fee is between plaintiff and Court and in case at the time of final adjudication if Court fees is found to be deficit, plaintiff can always be asked to make good the Court fees - Trial Court committed error by treating suit in question for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of registered sale deed - Plaintiff by way of amendment proposed to value the suit and proposed to pay Court fee - If the amendment is allowed wrong committed by counsel of plaintiff and Court would also be rectified - By way of proposed amendment nature of suit, cause of action or..........
Civil Procedure Code, 1908, Section 17 -- Jurisdiction of Court - Four immovable properties situated within jurisdiction of different Courts - Plaintiff has choice to institute suit at any of the four Courts, subject to the pecuniary jurisdiction of that Court i.e. the Court should have pecuniary jurisdiction over the value of the suit by considering the aggregate value of..........
Civil Procedure Code, 1908, Order 33, Rule 15, 15A -- Permission to sue as indigent person - Application rejected - Court may grant time to pay requisite Court fee, within such time or extended time, as is fixed by Court - On payment of Court fee suit shall be deemed to have been instituted on the date on which application for permission to sue as an indigent person was..........
Civil Procedure Code, 1908, Order 33, Rule 1, 5, Civil Procedure Code, 1908, Order 7, Rule 11 -- Application for permission to sue as an indigent person rejected by holding that plaint does not disclose any cause of action and suit is barred by res judicata - On payment of Court fee, suit shall be deemed to be filed on the date on which application seeking permission to..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Court fee - Counter claim for declaration that agreement to sell, executed by power of attorney holder, is illegal, null and void - Infact the relief sought is for cancellation of agreement to sell - Merely by terming the counter claim as suit for declaration, defendant..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement without invoking provision of S.89 CPC - Appellant while withdrawing appeal is entitled to refund of full Court Fee as provided u/s 16 of Court Fees Act...........
