Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defect - Formal defect is a defect of form prescribed by rules of procedure viz mis-joinder of parties, of causes of action, non payment of proper court fee, failure to disclose cause of action etc...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Court has to grant time to plaintiff to make up the deficiency in Court fee - If plaintiff fails to do so within the requisite period, plaint is to be rejected...........
Limitation Act, 1963, Section 14, Civil Procedure Code, 1908, Order 23, Rule 1 -- To claim benefit of S.14 of Limitation Act the same petition which was returned has to be represented - There is a distinction between provision of S.14 Limitation Act and O.23.R.1 CPC as in case of Court returning plaint by holding that it has no jurisdiction it is open to the petitioner..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Mere owning of immovable property/properties is not sufficient to hold that applicant is having sufficient means to pay court fee without a proof of derivation of income from it - Court has to enter into a finding regarding the capacity to raise money to pay court fee - Applicant cannot..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - More than one person - Indigency of all persons together is to be considered - Even if one of them is indigent or both individually are indigent, but if the means possessed by them together is sufficient to pay the Court fee payable, permission to sue as indigent should not be granted...........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Appeal - Cross objections filed in an appeal is not maintainable when appeal is rejected for non payment of balance court fee - Cross appeal has to be decided on merits when appeal is `withdrawn' or `dismissed for default' - In case of deficiency of court fee appeal is not dismissed for default, but only rejected...........
Arbitration and Conciliation Act, 1996, Section 38 -- Arbitration fee - Non-payment - Termination of proceedings - Procedure to be followed - Held, arbitral tribunal in first place may call upon the party who has filed counter claim to pay the amount so specified - On failure of the party arbitral tribunal is free to call upon other party to pay specified amount and..........
Punjab Tenancy Act, 1887, Section 84, Civil Procedure Code, 1908, Section 149, Court Fees Act, 1870, Section 13 -- Suit for recovery of share of produce - Appeal against - Deficiency of Court fee - Whole or part of Court fee when not paid, Court may allow such person to pay such fee and upon such payment the document in respect of which court fee is payable shall have the..........
Punjab Tenancy Act, 1887, Section 84, Civil Procedure Code, 1908, Section 149, Court Fees Act, 1870, Section 13 -- Court fee - Time for making good the deficiency of court fee - Held, provisions of CPC are not applicable to proceedings under the Pepsu Tenancy Act and Agricultural Land Act, however the general principles of CPC can always apply to such proceedings...........
Court Fees Act, 1870, Section 7(1)(iv), Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for damages - Ad valorem court fee is payable when specific amount is claimed...........
