Civil procedure code - insufficient stamp duty

Querist : Anonymous (Querist) 09 December 2011 This query is : Resolved
plaintiff has filed suit for partition. I'm the defendant. the plaintiff has paid insufficient court fee stamp in the suit. me being a defendant want to bring to the notice of the court regarding the insufficient court fee stamp .. under which provision of the cpc shall i file application for objection of the same??? what is the procedure regarding that???
reply awaiting.

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V R SHROFF (Expert) 09 December 2011
Averment for objection of insufficient Court fees, in your Written Statement, and making it preliminary issue, to be decided first, with prayer to dismiss the Plaint, and or comply with Stamp Act . will serve your purpose.

prabhakar singh (Expert) 09 December 2011
Civil Procedure Code 1908

ORDER VII. PLAINT

11. Rejection of plaint
The plaint shall be rejected in the following cases:—

(a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;

(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;

(d) where the suit appears from the statement in the plaint to be barred by any law;

1[(e) where it is not filed in duplicate;

3[(f) where the plaintiff fails to comply with the provisions of rule 9];

2[Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff.]

Hence move an application under order VII RULE 11 sub clause (b).