court fee by pleader

Vijay Kumar (Querist) 02 August 2008 This query is : Resolved
If an advocate intimates the court in writing regarding the death of one of his clients in compliance of Order XXII Rule 10A of CPC, whether he is required to pay court fee under Court Fee Act or any other law?
It happened with me today. I affixed the court fee but I want to satisfy my academic curiosity.

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KamalNayanSaxena (Expert) 02 August 2008
yes.

KANDE VENKATESH GUPTA (Expert) 02 August 2008
I am unable to agree with the opinion expressed by Mr.Kamal Nayan Saxena. It is only intimation that is to be given by the pleader about the death of the client who is a party to the proceeding. The same came be intimated by filing a memo to that effect. Intimation to the court does not amount seeking any relief. Court fee is liable to be paid only when a relief is sought for, but not otherwise.

Srinivas.B.S.S.T (Expert) 02 August 2008
you can intimate the same by filing a memo into the court and no need to pay any courtfee. I do agree with Mr. K.V. Gupta.

Sreedhar Valiveti (Expert) 02 August 2008
By filing a memo, in the Court, aftergiving notice to the other side council, informing about the death of party, is enough. There wasn't any stipulation in CPC that, such a memo should be affixed with court fee, hence it is not necessary.

You need not affix any court fee on such memo.

If already you have filed that memo, then it is not a big issue. don't worry

Vijay Kumar (Querist) 02 August 2008
I am convinced with the reasoning forwarded by Messers Kande Venkatesh Gupta, Srinivas.B.S.S.T. & Sreedhar Valiveti and I am thankful to them.