Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that ad valorem Court fee is payable - Suit for declaration that plaintiff alongwith defendants No.1 to 3 are owners in joint possession - Plaintiff claiming relief of declaration and injunction on the basis of existing title - Trial Court dismissed the application by holding that it is a mixed..........
Court Fees Act, 1870, Section 7(v), Civil Procedure Code, 1908, Order 7, Rule 7 -- Landlord purchasing property in possession of tenant - Eviction petition - Failure to prove relationship of landlord and tenant - In absence of proof of relationship of landlord and tenant landlord is not entitled to a decree for possession - However, landlord is entitled to seek possession..........
Civil Procedure Code, 1908, Order 8, Rule 6-A, Court Fees Act, 1870, Section 7 -- Counter claim - Question of valuation of suit property, payment of Court fee and pecuniary jurisdiction of trial Court to try the counter claim - All these issues decided in favour of defendant - Revisional Court erred in law in dismissing the revision by holding it as not maintainable -..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Section 16, 69, 21 - - Execution proceedings - Reference to Lok Adalat - Refund of court fee - Held, decree holder is not entitled to refund of court fee paid on plaint on account of compromise arrived at between parties before Lok Adalat on a reference made to it in execution petition...........
Civil Procedure Code, 1908, Order 41, Rule 1, 9 -- Appeal - Whenever an appeal is filed, office concerned submits a report with regard to limitation, sufficiency of Court fee and filing of caveat - Unless those reports are obtained file is not presented before Court - In case file is presented to Court by mistake then it is duty of Court to ensure the report of office and..........
Civil Procedure Code, 1908, Order 6, Rule 17, Court Fees Act, 1872, Section 6(5) -- Plaint - Amendment sought to pay the proper Court fee - Amendment allowed - Held, once deficiency of Court fee is made good within time allowed by Court, the date of institution of the suit would be deemed to be the date on which the suit was filed...........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff filed suit for mandatory injunction seeking direction to defendant to make payment of damages of Rs.One lac for his act and conduct which resulted into lowering prestige, status and honour of plaintiff in eyes of public - Ad valorem Court fee not paid - Suit dismissed - Appeal..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Order passed on 5th to pay balance Court fee on 10th - Plaint rejected for non payment of Court fee within time granted - Held, plaintiff is entitled to get a maximum period of 15 days to pay balance fee after framing of issues - Rejection of plaint not proper...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Challenge to 1/7th share in the sale deed - Court fee paid accordingly - Plaint cannot be rejected - Question whether entire sale deed is questioned or only limited to the extent indicated by plaintiff can only be decided after parties lead evidence...........
Civil Procedure Code, 1908, Order 8, Rule 6-A, Civil Procedure Code, 1908, Order 6, Rule 17, Court Fees Act, 1870, Section 7(iv)(b) -- Counter claim - Filed against a stranger and proper court fee not paid - Held, instead of dismissing the suit an opportunity should be given to amend the written statement to pay Court fee as well as amend the counter claim by deleting the..........
