1997 Supreme(SC) 966
SUPREME COURT OF INDIA
J.Jagannadha Rao : S.B.Majmudar
Amar Nath
Versus
State Of Haryana
Case No. : 368 of 1997
Date of Decision : 7/17/97
Advocates Appeared: Baid Karnal : Bakshi M.S. : Bakshi Naresh : Bhagat K.G. : Malhotra Prem : Swami Ajay
A claimant who restricted their claim in the trial court may be permitted by the appellate court to increase the claim by paying the deficit court fee, provided the case aligns with established judicial precedents.
Headnote:(A) Civil Procedure - Court Fees - Increase of claim in appeal - Whether a claimant who restricted the claim before the trial court can request the appellate court to increase the claim by filing deficit court fee.
(B) Appellate Procedure - Payment of deficit court fee - Where a case falls within the ratio of established precedents, the appellate court should permit the appellant to pay the deficit court fee within a specified timeframe to pursue the enhanced claim.
Facts of the case:
An appeal was filed against a judgment and a subsequent order regarding court fees. The appellant sought to increase the claim amount, which had been restricted during the trial court proceedings, by paying the deficit court fee. The matter involved conflicting views from previous benches regarding the permissibility of increasing a claim at the appellate stage through the payment of deficit fees.
Findings of Court:
The court found that the case fell within the ratio of prior decisions which allow for the payment of deficit court fees in such circumstances.
Issues: Whether the appellant should be permitted to pay the deficit court fee to increase the claim in the appellate court.
Ratio Decidendi: The court held that the appellant is entitled to pay the deficit court fee to increase the claim, following the principles laid down in prior judicial precedents, and directed the lower appellate court to allow such payment within a specified period.
Result: Appeal allowed insofar as it relates to the order on deficit court fees.
Legal Category Hierarchy
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practice and procedure
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court fees
- deficit court fees
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court fees
(1) IN this Special Leave Petition a strong reliance is placed on a decision of a three-Judge Bench of this court by learned counsel for the petitioner in Siri Ram v. State of Haryana. We are told that therein the view taken is that even though the claimant restricted his claim before the trial court, he can request the court of appeal to increase the claim in the appeal by filing deficit court fee. We are informed that a contrary view has been taken by this court in M. Govinda Raju v. Special Land Additional Land Acquisition Officer and that view is after the view of the three-Judge bench aforesaid. In our view, therefore, it will be proper to place this Special Leave Petition for appropriate orders before a bench of three learned Judges. Office to obtain appropriate orders from the Honble the chief justice of India in this connection. court Masters [CONNECTED CASE] JUDGES : A.M. AHMADI, C.J. AND S.P. BHARUCHA AND K.S. PARIPOORNAN, JJ. APPELLANT : SIRI RAM RESPONDENT : STATE OF HARYANA AND ANOTHER APPEAL TYPE : Civil APPEAL YEAR : 1989 JUDGEMENT DATE : 22/03/1995 ORDER 1. Special leave granted. 2. This appeal by special leave is directed against the impugned judgment dated 19-5-1988 and the subsequent order dated 1/11/1988 passed in Regular First Appeal No. 318 of 1985 and Civil Miscellaneous No. 938 of 1988 respectively of the High court of punjab and Haryana at Chandigarh.. So far as the main judgment is concerned Mr Bhagat states that he does not press his appeal against that judgment. Therefore, the appeal insofar as the main judgment of 19-5-1988 is concerned, will stand disposed of with no order as to costs as not pressed. Mr Bhagat is, however, right when he contends that his case falls within the ratio of this courts decision in Scheduled Caste Cooperative Land Owning Society Ltd. v. Union of India which a came to be affirmed and approved by the Constitution bench by its order in Buta Singh v. Union of India. We, therefore, set aside the order passed in Civil Miscellaneous No. 938 of 1988 dated 1/11/1988 and direct that the High court should dispose of the case by permitting the appellant to pay the deficit court fee within one month from today in accordance with the observations made by this court in the aforesaid decision. The appeal will, therefore, stand allowed insofar as it relates to the order passed in Civil Miscellaneous No. 938 of 1988 dated 1/11/1988 with no order as to costs.