Small cause court
Ramesh Tikamdas Bajaj
(Querist) 25 August 2013
This query is : Resolved
Dear Sirs,
The Plaintiff has not paid proper stamp fees.
How to prove that?
I have raised this point in my amendment of Written statement and is now one of the issues.
Plff has just filed evidence after a lapse of 2 years.
Can I insist that the proper stamp fees be paid before the case proceeds further.?
Pls guide what steps I should take so that I get a positive result.
I have tremendous financial restraints to fight this false case.
ajay sethi
(Expert) 25 August 2013
if plaintiff has not paid proper court fees suit would not have been numbered as objection would have been taken by the registry .
since you have raised this stand in your WS it would be one of the triable issues raised in the suit .
the plaintiff would have to satisfy the court that proper court fees have been paid to succeed in the suit .
Devajyoti Barman
(Expert) 25 August 2013
File a petition under Order 7 Rule 11 CPC. Not paying the deficit court fees within the time given by court is aground for rejection of plaint.
