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Ad Volerum Court Fees

(Querist) 22 May 2008 This query is : Resolved 
Pls provide citations (HC/SC), where the court fees had to be paid ad volerum and is not paid by the plaintiffs the suit should be returned for clearing the defect as soon as the defect is brought in the notice of the court or else the suit cannot be proceeded with.

J K Agrawal (Expert) 24 May 2008
Court Fee is state matter and you will find a provision in your state Court Fee act. You can take "Plea of Demurrer" that is to say you can file an application under order 7 rule 11 to dismiss the suit on ground of deficiency of Court Fee. The Court is duty bound to decide first said application but it is necessary to file a written statement and take objection of deficiency of Court Fee.

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