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ASHOK KUMAR GAUR, ASHUTOSH KUMAR
Mahesh Rajiv and Company – Appellant
Versus
Rajasthan State Industrial Development and Investment Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. court fees compliance requirement in suits. (Para 1 , 2 , 3 , 4 , 6) |
| 2. arguments concerning dismissal for non-payment. (Para 5 , 8 , 10 , 11 , 12 , 13 , 14 , 16) |
| 3. analysis on judicial discretion for court fees. (Para 17 , 18 , 19 , 20 , 21) |
| 4. court's obligation to ensure litigation fairness. (Para 22 , 24 , 25 , 26) |
| 5. conclusion allowing appeal and cost imposition. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
ORDER :
The instant civil first appeal has been filed by the appellant-plaintiff under Section 13 of the Commercial Court Act, 2015 readwith Section 96 of the CIVIL PROCEDURE CODE , 1908 against the judgment and decree dated 20.08.2019, passed by the Commercial Court No.3, Jaipur in Civil Suit No.194/2018 titled as M/s. Mahesh Rajiv and Company v. RIICO and Others, whereby suit filed by the plaintiff has been dismissed due to non- deposition of the requisite Court fees in compliance of the order passed by the Commercial Court on 18.07.2019.
2. Learned counsel for the appellant-plaintiff at the outset submitted that the suit filed by the appellant-plaintiff was for recovery of Rs.1,25,73,286/- and claim of the earnest money of Rs.24,15,556/- illegally withheld by
The court emphasized the importance of not penalizing a litigant monetarily for a counsel's mistake and adopted a liberal attitude in interpreting the Court Fees Act to lessen the burden on the litig....
Court can exercise discretion to accept late court fee payments based on unintentional errors by counsel.
Court fees must be paid for appeals as per the Court Fees Act; its proper valuation is crucial.
The duty of the Civil Court and first appellate Court to decide the amount of Court-fees payable and the power of the first appellate Court to adjudicate the issue of Court-fees in the appeal.
The provisions of Section 148 and 149 of the Code of Civil Procedure are intended to apply to cases of bona fide mistakes and not where a party consciously and intentionally avoided putting in defici....
The Court has the discretion to extend the time for deposit of the court fee, and once the court fee is paid within the extended time, it would be treated as having been paid at the first instance.
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