Legal Question in Real Estate Law in India

court fee

If a suit is dis -missed on the ground of it being undervalued what is to be done? Is that be allowed to be corrected by paying the difference of the court fee Or a new suit is to be filed on the same cause of action?


Asked on 9/17/07, 2:20 am

4 Answers from Attorneys

Alok Sharma Alok Sharma & Associates

Re: court fee

There is no bar on bringing a fresh suit if limitation permits. However, you can file an appeal where you can correct valuation and make up deficiency.

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Answered on 9/18/07, 8:38 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: court fee

good afternoon

a new suit is to be filed on the same cause of action and can you let me know which court you have filed a suit?

thanx

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Answered on 9/17/07, 7:05 am

Re: court fee

In your case if suit is under valued,then the same can be REJECTED but can not be dismissed.You may bring new suit by paying court fee.However, you may move necessary application for restoration of suit on the condition of full payment of full court fee.

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Answered on 9/17/07, 2:01 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: court fee

Normally time is given by court to make-up court fees. If the Plaintiff failed to pay court fees within such time, then restoration of suit may be difficult.

As far as fresh suit is concern, you need to check limitation aspect first.

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Answered on 9/21/07, 1:29 am


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