Rejection of Plaint -- Dispute Over Ad Valorem Court Fee -- Cannot be decided at threshold where liability depends on disputed facts
Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Dispute Over Ad Valorem Court Fee -- Depends on facts relating to possession and other issues to be established through evidence and cannot be decided by rejecting the plaint at the threshold. Courts examining an application under Order VII Rule 11 must confine themselves to the averments in the plaint and cannot rely on materials placed on record by the defendant. Where a plaintiff is not a party to a sale deed under challenge, payment of fixed court fee, rather than ad valorem court fee, is justified.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
