How to produce court fee stamp during presentation of plaint
Adv Prashant
(Querist) 04 October 2017
This query is : Resolved
Dear All
I am a newly advocate in civil side. Please advise whether for suit for partition, suit for possession, suit for cancellation of sale deeds and suit for injunction, can i take any lower value say Rs 50 lakhs for paying lower court fees while property's actual value is above Rs 1 crore. will there be any negative impact on my case as well as claim.
Please also guide if there is requirement of court fees say for e.g Rs 25000 than how to produce these court fees stamps ....whether plaint will be typed on such stamps or cancilled stamps of Rs 25000 will be produced in court for filing plaint.
P. Venu
(Expert) 05 October 2017
Certainly, you should seek guidance from seniors and colleagues; advocate clerks could also be much helpful.
Dr J C Vashista
(Expert) 08 October 2017
You will have to calculate/mention ad-valorum court fees for each relief separately, which differs from state to state and attach Stamp Papers (court fees) of appropriate value.
Consult a local senior.
Rajendra K Goyal
(Expert) 08 October 2017
Please consult some senior Advocate to guide. It may fatal advising without referring all documents and situation.
Any deficiency in court fee of the case would provide a good point to the opponent lawyer to plead dismissal of the case on this point also.
Dr J C Vashista
(Expert) 08 October 2017
Deficiency of Court fees may lead to
a) objection by the Trial Court and return the suit for filing Court fees of appropriate value;
b) objection by defendant (or his/her counsel) with an application u/o VII Rule 11 CPC for rejection (but not dismissal) of the suit, which may be rectified subsequently and refiled with appropriate court fees;
c) Court may return the suit to be resubmitted with appropriate court fees within a stipulated time.
Dr J C Vashista
(Expert) 08 October 2017
An undertaking should also/ must always be given by the plaintiff to pay the deficient court fees, if any, as directed by this Hon'ble Court, it is an useful tip to budding lawyers.
