I'm a defendant in an eviction case filed against me by my landlord in 2009 in a civil judge
court.However in October 2013 on my application under order 7 & rule 10 the said plait
was returned as the claim was for 300300.In November the plaintiff filed the same
returned plaint in the court of district judge in saket.I filed an application under order 7
rule 10 that the said plaint be rejected as fresh court fee hasn't been filed & the plaintiff
is only pursuing the case with the old court fee filed in 2009.My lawyer told me that
validity of court fee is only for 6 months & said court fee stamp must be cancelled by the
returning court;civil judge & on an order from the civil judge the plaintiff must ask for
refund from the SDM for the amount of court fee.However once plaint returned by civil
judge court on the ground of lack of jurisdiction on pecuniary grounds & same plaint filed
in the court of district judge FRESH COURT FEE HAS TO BE PAID?
Kindly advise if fresh court fee needs to be paid if plaint presented in the appropriate
court once its returned from the court having to be found to have no jurisdiction & if the
same plaint can be rejected under order 7 rule 11 by the district court on account of court
fee being the same court fee as used in 2009? kindly note that I've received summons for
said case & appeared in court & my application under order 7 rule 11 is pending in district court for arguments.If you've some SC or HC judgements to support my case please let me know.
