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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji
Shareen Premanayagam – Appellant
Versus
Ramesh P. Rao – Respondent
| Table of Content |
|---|
| 1. interim stay application for tos ruling. (Para 1 , 2 , 3) |
| 2. arguments regarding court fee assessments. (Para 4 , 5 , 6) |
| 3. respondents' opposition and court's details on claims. (Para 8 , 9 , 10 , 11) |
| 4. legal provisions on court fee and appeal maintainability. (Para 12 , 14 , 15) |
| 5. conclusion on maintainability and court order outcomes. (Para 19 , 20 , 21) |
JUDGMENT :
P.B.BALAJI, J.
A.No.2780 of 2024 has been taken out for grant of interim stay, staying the operation of the order dated 13.04.2023 passed by the learned Master TOS. No.9 of 2023, pending disposal of the present Appeal.
2. A.No.2792 of 2024 has been taken out to set aside the order dated 13.04.2023 passed in TOS. No.9 of 2023 by the learned Master, permit the Petitioner to file a fresh Affidavit of assets and Liabilities of the deceased, Direct the Registry to recalculate the Court Fees as per the fresh affidavit of Assets filed along with the Judges summons.
3. The Application in A.No.2792 of 2024 in the nature of an Appeal against the order of the learned Master dated 13.04.2023 in TOS.No 9 of 2023.
4. I have heard Mrs.Nalini Chidambaram, learned Senior Counsel for Mrs.C.Uma, learned counsel for the Applic
An appeal against the Master’s order regarding court fees is not maintainable as per Order XIV Rule 12 of the Madras High Court Original Side Rules, 1994.
The court affirmed the distinction between court fee assessments for testamentary suits versus civil suits, placing valuation authority with the Collector as per specific statutory provisions.
Court fees determination for testamentary matters follows the Tamil Nadu Court Fees Act and is primarily governed by the procedure involving the Collector, distinguishing it from civil suits and ensu....
The court established that the valuation of an estate in testamentary matters must be determined by the Collector, and the court fees payable are contingent upon this valuation, ensuring compliance w....
Court fees must be paid for appeals as per the Court Fees Act; its proper valuation is crucial.
A suit which has not been properly valued and proper court fee has not been paid, can rejected in terms of Order 7 Rule 11 of CPC.
Point of law: Court Fee - It is evident that the Court has to find cut that the claim is under valued. Then at least require the plaintiff to correct the valuation and fix a time to pay deficit Court....
Court fee - Court can grant extension of time for payment of the balance court fee beyond a period of 30 days.
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