Court fees

Hi Thanks for the question! Practically the petitioner coming to the court is bound to pay the court fees.It is a condition precedent. However after the proceedings have started, whether the court will ask the defendant to pay the court fees will depend on the judge and the inclination of the case. If the defendant succeeds in defending himself, he will not have to pay the court fees. A defendant has to pay a court fees in case he counter claims. In another situation where you succeed, the judge may ask the defendant to pay the court fees plus the cost and the claim amount depending upon various factors involved in the case for eg. , time elapsed, type of claim,financial position of the party etc  and how well the judge is convinced. Please feel free to ask questions if any. Good Luck!

Thanks for resolving my query, and clearing my mind

Any time! LAWyer's Club is there for you! Good Luck! :)

Raghav Arora:- 
Sir,  
I don't get proper guidance from my lawyer whom I have trusted.  On the other hand, I get help from unknown lawyer from somewhere in India.

I have another doubt.  This is a long question. If you get free time, please go through this.  Thanks again.

Defendants(person and his sons) seeked money from me to store cardamon for 3 months and sell for higher price.  I invested money and a business document was prepared in which defendant acknowledged receiving money from me, agreed to share profit 50:50 and promised to repay the cardamon sold money in my bank account.  But defendant spent the cardamon sold money without my permission, to build the 2nd floor of his house.

So Defendant and his 2 sons came to my house in the 1st week of October 2016 and gave me a pronote dated 13.Sep.2016 on which liablity arose.  Defendant and his son signed the pronote over the 1rs revenue stamp, another son signed as witness.  Please note that I and defendant live in different cities some 875kms away.

I informed this to my lawyer and showed the  business document.  He said 1rs Revenue stamp is not affixed, so it is invalid and prepared plaint as per pronote.

Plaint reads as below:
The plaintiff  respectfully submit that the defendants borrowed an amount of Rs.x,xx,000/=  on 13.Sep.2016 and executed a pro-note on the same date at my house at xxx in the presence of his sons

Defendant in his written statement:
The Defendant further submits that they had not borrowed any amount on 13.Sep.2016 as alleged by the plaintiff and the defendants had not come to  plaintiff house on 13.Sep.2016 and have not executed any pro-note as alleged by the Plaintiff.  In fact the Defendant was in his native city on  13.Sep.2016

In fact, defendant was in his city on the pronote date of 13.Sep.2016.  What if he brings sold evidence for his presence in his native city?
I changed the lawyer, new lawyer said we can file amendment petition to alter the plaint:
1) to Alter the date of execution of pronote, not the pronote date
2) not borrowed money but executed pronote for past liability

Amendment:
I respectfully submit that Defendants failed to return the money belonging to me(as stated in above 3 paras of this affidavit).  I demanded them to give Promissory Note for their liability.  Defendants executed the Promissory Note  for Rs.x,xx,000/=  at my house  in the early of October 2016, towards their past liability which arose on 13.Sep.2016

new lawyer said that by altering above 2 things, cause of action changes and there are some chances  for dismissal of plaint, he will get opinion from his senior.

Please give your opinion.

Can I impound the unstamped  business document by approaching  district collector?
It is just half page, with 10 lines and the amount is 2,56,000/-
how much stamp duty I have to pay? (for not affixing 1rs revenue stamp)

Dear Bala,

Whether the promissory note says “payable on demand” or its “otherwise” ?

Regards

kapoor.legal@gmail.com