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Rejection of suit on the ground of deposition of inadequate court fees


10-Jan-2023 (In Civil Law)
Plaintiff prayer:seeking declaration that the sale deed is invalid or non est or illegal or that it is not binding on her, since she did not execute any sale deeds and she has title to the property. Def. resistant & filed IA “To reject Original Suit on the ground of payment of inadequate court fee under section 40 of Tamil Nadu Court Fees and Suit Valuation Act, 1955 i.e., as per market values [She paid under section 25(d)]” Def Filed CRP in high court, SLP in supreme court got dismissed, file civil appeal allowed.Below are same paragraph sentence of civil appeal in Supreme Court:- "In the ultimate analysis, we arrive at the conclusion that the appeal is to be allowed, the impugned orders passed by the trial court and the High Court, being unsustainable are to be set aside and we so direct. The trial court is directed to grant three months time to the plaintiff to pay the requisite court fee."Q1-plaintiff need to pay court fee under section 40 or under 25(d)?Requisite court fee means?
Answers (1)

Answer #1
894 votes
You have filed suit for declaration of sale deed in which you are not party. In that case, court fee u/s 25(d) of TN Suit Valuation Act is sufficient.. In case if you sought for cancellation of sale deed, court fee u/s 40 has to be paid. Since you are not party to sale deed, you cannot seek cancellation. You must have shown that relief is incapable of valuation. If it's not shown then court fee is required to be paid in consonance with market value

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