Suit valuation by court itself
varma
(Querist) 09 November 2011
This query is : Resolved
If plaintiff filed suit for his property for permanent injuction relief prayer against defendant & declared him as owner.But he paid court fee in nominal amount for only permanent injuction..
1)In this case whether plantiff suit can be maintained if defendant doesnot challenge it.
2)Can court take suomoto at initial stage itself whether plantiff paid money is sufficient or undervalued without any objection raised by defendant at any level.
3)IF initial proceedings held & in the middle of the case if defendant raise objection for plantiff court fee,then court can proceed for court valuation fee of plantiff.
4)OR whether registrar has power at initial itself to see court fee is sufficient while filing the suit by plantiff
ajay sethi
(Expert) 09 November 2011
suit will not be numbered if lower court fees have been paid . suit is numbered only after objection takne by registry are removed .
if suit has been numbered and defendant feels proper court fees have not been paid defendant can raise issue about valuation . court can after hearing both parties decide whether proper court fees have been paid or not
prabhakar singh
(Expert) 09 November 2011
Very great VERMA JI!
Look i know what are you doing since yesterday in different ways on same topic.
What is the procedure?.we file suit.It goes in registry[in our court they are called Munsrim]The registry ascertains if the suit is with in limitation on its own allegations.
if the suit is within pecuniary and territorial jurisdiction of the court and that court fees is paid properly according to Court Fess Act or not????
Then the suit if found okay with all these respect, it goes for registering and numbering by registry and is handed over to
suit clerk where after he presents for orders of court.
Now suppose a plaintiff crosses these all stages without any objection from registry or court and then defendant also does not
object to defect that is one like yours has crept in the suit and suddenly on date of issues court while framing issues finds that court fess has not been paid in accordance with the provisions of the
court fees Act,then it does not lay in any mouth to say court can not look in to sou motto.THEN IT IS THE COURT ONLY AND NONE ELSE TO LOOK IN TO IF COURT FEES HAS BEEN PAID PROPERLY OR NOT.AS IN CASE STATED BY YOU YOU HAVE SOUGHT DECLARATION OF TITLE OVER A PROPERTY WHICH IS CAPABLE OF VALUATION YOU NEED TO PAY COURT FEES ON
IT OR DELETE THE RELIEF OTHERWISE ONLY COURT HAS TO LOOK INTO IT SOONER OR LATER IT COMES TO KNOW ABOUT THE DEFECT.
YOU KNOW EVEN AFTER PASSING OF A DECREE IF IT COMES IN PICTURE BY ANY AUDIT IT WOULD STOOD REALIZED.
We can understand things only when we let our mind work towards rightness and not towards undue smartness.
ajay sethi
(Expert) 09 November 2011
oh it was a repeated query . i did not guess
prabhakar singh
(Expert) 09 November 2011
IT IS A DISGUISED QUERY TESTED FROM SEVERAL ANGLES WHEN I ANSWERED COURT SHALL NOT OBJECT
SOU MOTTO UPON VALUATION. HE HAS COME COURT IS DOING SO.NO OBJECTION ON VALUATION AND OBJECTION ON NONPAYMENT OF COURT FEES ON RELIEF CLAIMED ARE TWO DIFFERENT THINGS IS NOT BEING UNDERSTOODBY THIS GENTLEMAN.
varma
(Querist) 09 November 2011
Thank u mr prabakar singh & Mr setty for ur valuable suggestions & comments.Actually i also seen that author question yesterday posted.I am not same author.But i am also seeing to pray in court for title on my property but court fee is very large.But mr prabakar singh answer yesterday that COURT SHALL NOT OBJECT
SOU MOTTO UPON VALUATION.With these words I frame my question.Any way I got valuable answer from MR.PRABAKAR SINGH.i.e Plantiff can pray Title in court by paying court fee of % of market value but that market value can by fixed by plantiff with out showing any valuation evidence and court fee can be paid accordingly as long as defendant does not raise any objection..
prabhakar singh
(Expert) 09 November 2011
If you are not the same one Mr. Verma then I am sorry i got unnecessarily agitated on you
for which i deeply regret.
More over you have understood my concern is my great reward.
Advocate Rajiv Mishra
(Expert) 11 November 2011
The court will not go through the valuation of property but it will definately see the cout fees paid accordingly.
