quesCan I win the case if the petitioner has not payed the full court fee?

Is non payment of full court fee by the petitioner a valid and strong ground to win a court case? My father's brother did not pay the full court fee while filing a property dispute possession suit against me in the trial court. The case was awarded in his favor. Now I have challenged the trial court decision in Karkardooma Court on various other grounds including the incomplete court fee paid by my father's brother in the trial court.


Is non payment of full court fee a valid and strong ground for me to win this case? The judge is questioning that why was this issue not raised earlier wherein we raised it earlier as well but still the ruling was in their favor.


Please advice.


  • ans


    Non payment of court fee is a valid ground recognised under Order 7 Rule 11 of the Code of Civil Procedure, 1908 for rejection of the plaint. However, this ground has to be raised at the inception i.e. in your case, the Trial Court level.


    As you are stating the issue of insufficient court fees was raised by you earlier as well, then we need to know what the judge had held on this ground because as per the law, the Judge is required to give time to the party to file the requisite court fee and in case the party fails to do so, then the judge may reject the plaint. 


    This position has now been modified by the Supreme Court. The Supreme Court has recently held that non-payment of court fees cannot be a ground for rejecting the plaint. The Court has to give sufficient time to affix the requisite court fees however, if the party fails to do so then the party shall be required to show cause as to why the requisite court fee could not be deposited within the stipulated time.


    Now if the reasons given by the party are valid/justified (example: financial distress), then the Court may grant waiver of court fees and direct the party to the Legal Aid Cell for free legal aid so as to contest its claim on merits.


    In our opinion, raising this ground in appeal after the decree has already been passed by lower court shall not help your case much. The maximum the Court might do is ask the party to explain why the requisite court fees had not been deposited and give it time to deposit the deficient court fees.


  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only

    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Property lawyers in India

Similar questions

Dear Madam / Sir, I have a very specific query that can a shareholder sell…
Mere pita ne 2002 me jameen bechi thi kreta ne us jameen par usi samay…
Parents maintenance & protection: we are thre the owner of the property. There are 3…
My mother is the second wife of my father. He married her after the first…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years

Advocate J. P. Rinwa

  High Court
 Experience: 16 years

Advocate R C Mahajan

  Paschim Vihar
 Experience: 23 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly