Civil Procedure Code, 1908, Section 149 -- Deficient court fee - Paid within extended time to pay court fee - Non-payment of entire Court fee within limitation period cannot lead to conclusion that suit itself was not filed in time...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and permanent injunction - Plaintiff sought declaration in respect of Will allegedly executed by her late father and consequential relief of permanent injunction restraining defendants from mutating land on basis of alleged Will - Alternative relief also sought..........
Civil Procedure Code, 1908, Section 89 -- Out of Court settlement - Refund of Court fee - Parties settled dispute out of Court without taking recourse to modes enumerated u/s 89 CPC - Petitioner entitled to refund of full Court fee...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaint termed as one for declaration and mandatory injunction - However, relief sought is for recovery of excess amount - By merely suitably wording plaint and making prayers for declaration and mandatory injunction with consequential relief would not change nature of substantial..........
Civil Procedure Code, 1908, Section 151, 89 -- Private out of Court settlement - Refund of Court fee - Private out of Court settlement by parties during pendency of appeal - Appellant is entitled to refund of Court fee...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Valuation of suit - Such plea can be gone into when defendant raises such a plea in the written statement and if any determination is made against plaintiff and Court fee is not paid, then provision of S.7.R.11(b) CPC comes into force - Prior to said stage, it cannot be said that plaint is liable to be..........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Extension of time - Power of Court to make up deficiency of Court fee is subject to discretion of Court and is not claimable as of right by a party - Said discretion cannot be interfered with unless exercised in violation of recognized principles of law or cause grave injustice...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - `Formal defect' is a defect of form prescribed by rules of procedure such as want of notice u/s 80 CPC, improper valuation of suit, insufficient Court fee, confusion regarding identification of suit property, misjoinder of parties, failure to disclose a cause of action etc...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 90 -- Compromise- Refund of Court fee - Court fees can be refunded to parties where compromise/settlement takes place even outside Court - Both the parties allowed refund of their respective Court fees affixed before trial Court, lower Appellate Court and High Court in second appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change valuation of suit when plaintiff was asked to value suit on market value of suit property and to pay Court fee accordingly - Plaintiff instead of complying the order sought amendment of plaint - Plaintiff cannot be permitted to change his stand - Trial Court dismissed..........
