Jasvinder 19 June 2023

Ammendment in case which is registered miscellaneous due to non deposit of court fees.

The applicant file civil suit for recovery of 50 lakh in civil court. Since court fees was not filed so case was registered as miscellaneous case.

Now other party gave 40 lakh before depositing court fees and at initial stage during dates so applicant wants to amend the case as to why give court fees on 50 lakh as amount remain is only 10 lakh.

Now when applicant move application for ammendment the court is not entertaining it, as court is saying since case is miscellaneous registered so No ammendment is allowed.

If anyone can help with some case law.

Thanks.

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3 Replies

Dr. J C Vashista (Advocate ) 20 June 2023

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What is your actual problem / dispute / locus standi ???

T. Kalaiselvan, Advocate (Advocate) 20 June 2023

Amendment petition at the preliminary stage of filing the case will not be entertained by court.

You may have to withdraw the suit and file a fresh suit by carrying out the desired amendments, with the leave of court.

Dr. J C Vashista (Advocate ) 21 June 2023

The plaintiff will be called upon to deposit deficient court fees within a specified time, failing which the plaint shall be rejected in terms of Order VII Rule 11 of the Code of Civil Procedure, 1908