Madras high court-moneysuit
dheepak srinivasa
(Querist) 02 April 2012
This query is : Resolved
I HAVE FILED A MONEY SUIT ON 31.3.2005 FOR 17 LAKHS IN THE HIGH COURT. BUT DUE TO ENHANCEMENT TO MINIMUM 25 LAKHS FOR ALL HIGH COURT SUITS MY SUIT WAS TRANSFERRED TO THE LOWER COURT.
BUT TODAY WHEN I ASKED THE DEPUTY REGISTRAR ON HOW CAN I BRING BACK THE SUIT TO HIGH COURT I HAVE BEEN ADVISED THE FOLLOWING
1. FILE AN AMENDED PLAINT SHOWING INTEREST UPTO DATE THEREBY YOUR VALUE WILL EXCEED 25 LAKHS AND U CAN ASK FOR TRANSFER TO HIGH COURT BASED ON THIS BY PAYING THE DIFFERENCE STAMP DUTY.
2. SINCE THERE IS A MORTGAGE OF A PROPERTY WHICH DOES NOT FALL UNDER THE JURISDICATION OF THE LOWER COURT, THE LOWER COURT CANNOT BE ABLE TO PASS THE ORDER ON SALE OF THE PROPERTY ETC., CITING THIS AS A REASON AND SINCE THE HIGH COURT HAS GIVEN U LEAVE TO SUE WHEN IT WAS FILED IN HIGH COURT, U CAN ASK FOR TRANSFER TO HIGH COURT WITHOUT PAYING ANY ADDITIONAL STAMP DUTY.
KINDLY ADVISE ME ON WHICH ROUTE TO TAKE .. TO SEE THAT THE MATTER IS REVERTED BACK TO HIGH COURT.
V R SHROFF
(Expert) 02 April 2012
Safer is increase the suit value, and pay bal court fees, & ask to move it to HC
ajay sethi
(Expert) 02 April 2012
you have filed suit for 17 lakhs . suit has been transferred to lower court as your clam was before rs 25 lakhs .
you must in suit have claimed interest from the date of filing of suit till payment .
how can you now claim inerest upto date and transfer suit to high court .
if this modus operandi was accepted every one will amend plaint and want transfer to high court
Anirudh
(Expert) 03 April 2012
Dear Mr. Nadeem,
You agree with which Expert's view? There are two experts who have given their views and each one is differing. So why don't you be clear as to whose views that you agree with.
