K.P.BALANARAYANA MARAR
State Bank of India – Appellant
Versus
Iqbal Zacharia – Respondent
The question that arises in this revision petition is whether plaintiff is liable to pay the full court fee in a case of admission of the claim by the defendant. The suit was filed since the introduction of S.4A in the Court Fees Act by which a plaintiff was permitted to present a plaint by paying one-tenth of the amount of court fee chargeable under the Acton the plaint claim. The defendant on appearance in pursuance to the summons filed written statement admitting the claim. Plaintiff was directed to pay the balance court fee. This order is under challenge in this revision.
2. Section 4A was introduced by the Amendment Act 6 of 1991. That Section reads:
"4A. Levy of fee at the time of institution of suit:-Notwithstanding anything contained in any other provisions of this Act, the amount of fee to be paid on plaint at the time of institution of suit shall be one-tenth of the amount of fee chargeable under this Act and the balance amount shall be paid within such period, not later than fifteen days from the date of framing of issues or where framing of issues is not necessary, within such period not exceeding fifteen days as may be specified by the court:
Provided that the
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.