T.K.DAS 20 December 2021

Court fee for cancellation of decree

CANCELLATION OF PRELIMINARY DECREE OF PARTITION ON GROUNDS OF FRAUD

I want to cancel the preliminary decree of partition in a partition suit on grounds of fraud.

The plaintiff committed fraud in the partition suit. So, I want to cancel the preliminary decree of partition. The suit is still pending and final decree of partition has not yet been passed.

The civil suit for partition was valued at Rs. 1 crore (rupees one crore only) and a court fee of Rs. 750 (rupees seven hundred and fifty) was paid ten years back.

If the same partition suit is filed today, the court fee is Rs. 5,000 (rupees five thousand only) due to the amendments made to the court fee act. My lawyer says the court fee to cancel any decree in property matters would be around Rs. 3,00,000 (rupees three lakhs only) for a suit value of rupees one crore only.

He also says that the value of the property would be around rupees ten crores only as per today's valuation. Therefore, he says we have to pay a court fee of rupees 30,00,000 (rupees thirty lakhs only) for a suit value of rupees ten crores only.

I was shocked to hear this.

Can somebody explain why the court fee for partition suit is Rs. 5,000 only for any suit value, but the court fee to cancel the preliminary decree of partition is rupees thirty lakhs only for a suit value of rupees ten crores only?

Can somebody explain the logic behind this? I find this to be very shocking and unjust. Why should I suffer a fraudulent decree of partition?

Can somebody also explain any other options available to me? I do not want the final decree of partition to be made on the basis of preliminary decree of partition.

In fact, the fraudsters must be punished and made to pay a penalty. How should I go about doing this?

Thank you sir.

TK Das

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2 Replies

Shashi Dhara 20 December 2021

File appeal against the lower court decree and take stay to fdp proceedings and adduce additional evidence in appeal court with same court fee paid in lower trial court.

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T.K.DAS 22 December 2021

Respected Sir,

Thank you very much for your reply.

First Appeal in the High Court was disposed off more than five years back. At that time, the fraud was not known.

The only option now is to approach the Hon'ble Supreme Court of India. Do you think the Supreme Court would condone a delay of five years if I file a Special Leave Petition?

Thank you once again for your kind response and sharing your knowledge.

Regards.