paritosh (Asstt.) 16 January 2013

Insufficient court fees

One of our step brothers filed a suit against us (seeking their right on property). they have filed this case by paying mear Rs.1200/- as court fees, however, the cost of the property is in crores. They are seeking stay on our activity. Is there any provision in the law regarding payment of due court fees. Can court listen to their appeal without keeping in view our objection of insufficient court fees? Can we request court to listen us first on insufficient court fees instead of granting them stay?

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5 Replies

Advocate Vishnu (Advocate) 16 January 2013

yes, you can take up the issue of inssuficient court fees as your defence. However, it is the discretionary view of the courts.

Bharatkumar (ADVOCATE ) 16 January 2013

Yes, U give proper answer for inssuficient court fee stamp on civil application. U take a Veluation report of this property then give answer and if u attach this report with answer it's better but u please apporch local advocate for that.

LegalArrow ( Advocate Bangalore) 16 January 2013

you must make an application under order 7 rule 11(b), if you then prove there is s deficit of court fee, then the plaint shall be rejected.

LegalArrow ( Advocate Bangalore) 16 January 2013

of cpc, 1908

paritosh (Asstt.) 17 January 2013

thanks all for valuable reply. I have already submitted reply to court through Advocate. But without valuation report. My advocate suggested me that he will raise this issue during discussion infront of majistrate. is it OK?