Legal Question in Real Estate Law in India
Whether the suit can be dismissed?
If a suit will be dismissed on being proved that the same has been undervalued for the payment of the court fee.Whether the same can be revived on payment of the correct court fee or a new suit has to be filed & will be allowed on the same cause of action?
Asked on 9/17/07, 2:09 am
3 Answers from Attorneys
Homi Maratha
N.N. Maratha & Co.-Advocates
Re: Whether the suit can be dismissed?
i have replied to you earlier
Answered on 9/17/07, 7:07 am
Re: Whether the suit can be dismissed?
suit can not be dismissed on the ground of unervaluation but can be rejected only.You canfile a fresh suit by removing the defect i.e.by paying the court fee.Suit can also be revived.
Answered on 9/18/07, 1:31 pm
Shrichand Nahar
S.V.Nahar, Advocate
Re: Whether the suit can be dismissed?
Normally, court give time to make-up court fees. It is not clear as to suit was dismissed after that time for non-payment.
Answered on 9/21/07, 1:33 am
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