Anonymous
Asked January 16, 2017

Court fees

  • 1 Answer
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In 1992, I had filed a Hindu joint family partition suit in High court I valued my share as Rs 75 lacs. Later after the Notice of Motion, the inventory done by the court receiver some more jewelry were found with the defendants and the same were included in the plaint by a chamber summons. The judge had passed an order in the Motion of for the valuation to be done of the jewellery but the valuation could not be done due to non cooperation of defendents. Later,the matter was transferred to city civil court as it was below one crore. Recently there were certain other assets which came to light and were also included by a chamber summons. Issues were framed and defendant raised an issue of pecuniary jurisdiction which got accepted and framed. I do not know the exact value of my share with all the new additions in 1992 I had paid the maximum court fees at the time of filing the suit. The defendants agree that the value of my share would be much more than one crore. The city civil court judge wants me to make a chamber summons to amend the value of the plaint to transfer it back to High Court. I need to know the following 1.Will I have to pay additional court fees even though I had paid the maximum court fees then in 1992

Answer 1

Hi,

In the case definitely, you need to pay the additional court, based on the facts of the present case the fees which is paid by you in the Year 1992, according to the court fees Act was according to the valuation of share at that time which was claimed to be 75 lakh and Secondly the all the states having different Court fees Act the fees may be paid following that particular state Act. Since the valuation of the property is increased from 75 lakh to above one crore then additional fees need to be paid. As section 7 of the court fees Act talks about the court fees which is based on the share of property which is claimed. Now the fees was paid will not be the maximum fees if the share is claimed and increased above the 75 lakh and not paying the deficient fee may lead to rejection of plaint as per the Order VII Rule 11 of the Civil procedure Code.

Therefore, I advise you pay the additional amount otherwise, the plaint can be rejected by the High court.

Regards,

Jayant Garg

Agree Comment 0 Agrees almost 4 years ago

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