Ad valorem fee not paid by plaintiff?

This query is : Resolved 

12 February 2019

Hello Experts,

If the Plaintiff who is suing in civil court for Title and possession of Land and he needs to pay an AD VALOREM fee of some lakhs to court, and he doesn't pay any fee to the court.

Is it mandatory to pay AD VALOREM fee or optional?
Will the judge dismiss the case if ad valorem fee is not paid?

Bilal U Gani (Expert)
12 February 2019

The Court shall direct to pay fee with any particular time to cure the deficiency , failing which the court can return the plaint for not paying the requite court fee .

Supreet singh (Querist)
12 February 2019

But the court is not directing anything to the plaintiff and now the case is in arguement mode?
Should I wait for Final order?

Dr J C Vashista (Expert)
12 February 2019

The filing counter shall not accept the suit. Hence there is no chance to reach to the Judge/ Court.

Bilal U Gani (Expert)
12 February 2019

Had you raised the issue in your written statement ? and if yes then has issue has been framed as to the valuation of suit and payment of court fee thereof? If the issue is not framed to that extent,then you need to agitate before the court to frame the issue regarding payment of court fee .If you have filed to mention about that in your written statement ,then you need to file an application before the court for rejection of plaint under Order 7,Rule 11 - for improper valuation and non payment of court fee. If court rejects your application you can file revision against that and you will certainly succeed fif you proved the suit has been improperly valued and the court fee is not paid.
You can file any time the applications under CPC to assist court

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