Court fees for specific performance suit

Jitender Bansal (Querist) 09 October 2017 This query is : Resolved
I had an agreement to purchase a plot in Gurgaon with plot owner, total value of plot is around 1.3cr and I paid Rs 10 lakh as earnest amount at time of agreement. Now seller was failed to complete his dues at HUDA authority and unable to bring transfer permission. After this we have filed a breach of contract – specific performance case against him. After few court dates he filed an application of 7/11 in court to ask court fees from us. Now court has allowed his application and asked us to pay court fee. But our concern over here is we have not filed any recovery suit against him we asked court to fulfil his promise as per agreement to transfer plot on our name after getting required permission for HUDA. Could you please suggest is there any way to avoid court fee as I have not filed a recovery suit. And on what amount I need to pay court fee on 10 lakh earnest amount or full value of plot 1.3cr. Could you please share any reference order also to avoid court fee.

Thanks
Jitender Bansal

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Vijay Raj Mahajan (Expert) 09 October 2017
Court fee on full value not earnest amount.
Maximum Rs 10 lakhs you paid him so amount of Rs 1.20 Crores can be take for calculating the court fee.

Rajendra K Goyal (Expert) 09 October 2017
Since the lower court has ordered to pay court fee, either pay or challenge the orders to higher court.

Guest (Expert) 09 October 2017
Another What an idiotic advise by the Baby

Guest (Expert) 09 October 2017
Whether demanding the prescribed Court Fee to be paid to proceed with case to be challenged with out any legal justifiications.If any Legal Justification is there it would be accepted in the same Court.

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