Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - S.149 CPC confers discretion upon Court to allow a person to pay deficient Court fees at any stage - Once Courts exercises such a discretion and payment of Court fee is made in accordance with said decision, document u/s 149 CPC shall have same force and effect as if such fee had been paid in first..........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Agreement to sell - Plaintiff filed suit for mandatory injunction after more than three years of date fixed under agreement of sale and valued the same and paid Court fee accordingly - He chose to pay proper Court fee after being confronted with an application for dismissal of suit - Plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Suit for specific performance in the garb of suit for declaration and mandatory injunction - Plaintiff cannot be permitted to avoid to pay ad valorum court fee by simply using different words and language - Order to pay ad valorum court fee on the..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(c) -- Rejection of plaint - Annulment of sale deed - Plaintiff non executant of sale deed in question and not in possession - Plaintiff is required to affix ad valorem court fee as per value of property mentioned in sale deed - Plaintiff granted opportunity to affix ad valorem court fee..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Suit dismissed in default - Non-appearance of plaintiff was neither intentional nor wilful - There was no delay on part of plaintiff - Suit was for recovery on which plaintiff had affixed ad valorem Court fee - Suit was at the stage of cross-examination when it was dismissed in default - Plaintiff was..........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Court has discretion to permit plaintiff to pay deficit Court fee - However, discretion has to be exercised judicially "and on sufficient cause" shown by plaintiff, as to why he did not pay the entire Court fee at the first instance - This becomes mandatory, since Court fee is paid after period of limitation..........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time - Order allowing to pay deficit Court fee passed without giving notice to defendant - Impugned order set aside - Matter remitted for decision afresh after issuing notice to defendant...........
Civil Procedure Code, 1908, Order 33, Rule 1, 2, 6, Himachal Pradesh Tenancy and Land Reforms Act, 1972 - - Permission to file suit as an indigent person - Plaintiff physically disabled person - Plaintiff entitled to relief of non payment of Court fee in terms of the provisions of Himachal Pradesh Legal Services Authority Act, 1987 - Held, when application is filed U.O.33..........
Civil Procedure Code, 1908, Order 7, Rule 11 - - Suit for cancellation of sale deed - Suit neither properly valued not proper Court fee is paid - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of pecuniary jurisdiction - Suit for cancellation of sale deed - Court below not conducted any inquiry as required and mandated u/s 7 of Karnataka Court Fee Act - Defendant on whom onus rests to demonstrate that Court has no pecuniary jurisdiction or Court fee paid is insufficient, has failed to place..........
