AI Overview...
Whether Plaint Can Be Rejected on the Ground Proper Court Fee is Not Paid
- Proper Court Fee Paid - Main points and insights:
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Several cases (e.g., Prabha Jain VS Central Bank of India - Madhya Pradesh, Prabha Jain VS Central Bank of India - Chhattisgarh, C. V. Karthikeyan VS P. Subramaniam - Madras) confirm that if the plaintiff has paid the proper court fee for the relief claimed, the plaint cannot be rejected solely on the ground of fee deficiency. Courts have emphasized that proper fee payment is a prerequisite, but once paid correctly, the plaint should not be dismissed on this basis. For instance, in Prabha Jain VS Central Bank of India - Madhya Pradesh, the court noted that the plaintiff paid the proper fee, and the rejection was based on jurisdictional issues instead. Similarly, Prabha Jain VS Central Bank of India - Chhattisgarh observed that proper fee payment prevented rejection under Section 34 of the SARFAESI Act.
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Rejection of plaint due to insufficient or improper fee - Main points and insights:
- The Civil Procedure Code (CPC), Order VII Rule 11, provides limited grounds for rejection, primarily relating to formal defects, such as non-payment or insufficient payment of court fee (Perumalla Kasi Rao VS Nukala Muralikrishna - Andhra Pradesh, Nagabhairava Medhini Devi VS Perumalla Kasi Rao - Andhra Pradesh). If the court fee is not paid or is deficient, the trial court can reject the plaint, but only on these specific grounds.
- Courts have held that mere non-payment of proper court fee can lead to rejection (C. V. Karthikeyan VS P. Subramaniam - Madras, Muthammal VS S. Jagadeesa Mudaliar - Madras), especially when such defect is not rectified within the prescribed time.
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In cases where the fee issue is raised, courts generally require the plaintiff to rectify the defect within a specified period, failing which rejection may follow (Perumalla Kasi Rao VS Nukala Muralikrishna - Andhra Pradesh).
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Analysis and Conclusion:
- A plaint cannot be rejected solely on the ground of non-payment or improper payment of court fee if the proper fee has been paid. The courts recognize that proper fee payment is essential for maintaining the suit, but once paid correctly, rejection on this basis is unwarranted.
- Rejection is permissible only when the court fee is not paid or is deficient and such defect is not rectified within the stipulated time, as per the provisions of Order VII Rule 11 of the CPC.
- Therefore, the primary criterion is whether the proper court fee was paid; if yes, the plaint should not be rejected on this ground alone. Rejection based solely on non-payment or improper payment of court fee is justified only if the deficiency remains uncorrected.
References: - Prabha Jain VS Central Bank of India - Madhya Pradesh, Prabha Jain VS Central Bank of India - Chhattisgarh, Perumalla Kasi Rao VS Nukala Muralikrishna - Andhra Pradesh, Nagabhairava Medhini Devi VS Perumalla Kasi Rao - Andhra Pradesh, C. V. Karthikeyan VS P. Subramaniam - Madras, Muthammal VS S. Jagadeesa Mudaliar - Madras, St. Marys Matriculation Boys Higher Secondary School VS Rajeev Bai & Others - Madras, SMT NISHAT SULTAN vs DR GIRISH K NASHI - Karnataka
Search Results for "Whether Plaint can be Rejected on the Ground Proper Court Fee is Not Paid"
2012 0 Supreme(MP) 1090 • India - Madhya Pradesh
AJIT SINGH, SANJAY YADAV
had paid the proper court fee for the relief claimed. ... The Trial Court rejected the plaint, citing jurisdictional bar under Section 34 of the SARFAESI Act and insufficient court fee payment ... court was not ousted in matters beyond the scope of the Debts Recovery Tribunal and that the plaintiff ....
2012 0 Supreme(Chh) 260 • India - Chhattisgarh
Ajit Singh, Sanjay Yadav
the sale deed affecting the mortgage, and the plaintiff had paid the proper court fee for the relief claimed. ... was not ousted under Section 34 of the SARFAESI Act. ... was not ousted under Section 34 of the SARFAESI Act. ... The Trial Court, after hearing the parties by the impugned order, allowed the objections and rejected the plaint#HL_....
2009 0 Supreme(Mad) 563 • India - Madras
M.VENUGOPAL
The court opined that the trial Court did not deal with the matters in issue in a proper perspective and directed it to report compliance ... The petitioner argued that the trial Court did not appreciate the respondents/plaintiffs' entitlement to claim right in the entire ... Finding of the Court: The court directed the trial Court ....
2009 0 Supreme(Mad) 561 • India - Madras
M.VENUGOPAL
The petitioner argued that the trial court did not appreciate the respondents/plaintiffs' entitlement to claim right in the entire ... Finding of the Court: The court directed the trial court to dispose of the main suit within four months, emphasizing ... The court also referred to Section 151 of the Civil Procedure Code in its analysis. ... pointing to the Limitation Act cannot and sh....
2013 0 Supreme(AP) 336 • India - Andhra Pradesh
L.NARASIMHA REDDY, S.V.BHATT
As and when an application for rejection of plaint is ordered, the plaint stands rejected. ... On the limited grounds that are mentioned in Rule 11 of Order VII C.P.C., trial Court can reject the plaint. ... Civil Procedure Code 1908-Order 7 Rule 11, Section 2(2)-Rejection of Plaint- C.P.C. provides for the facility of rejection of plaint ... The firs....
2013 0 Supreme(AP) 332 • India - Andhra Pradesh
L.NARASIMHA REDDY, S.V.BHATT
As and when an application for rejection of plaint is ordered, the plaint stands rejected. ... On the limited grounds that are mentioned in Rule 11 of Order VII C.P.C., trial Court can reject the plaint. ... Civil Procedure Code 1908-Order 7 Rule 11, Section 2(2)-Rejection of Plaint- C.P.C. provides for the facility of rejection of plaint ... the #HL_....
2024 Supreme(Online)(KAR) 19695 • India - High Court of Karnataka
MR JUSTICE S.R.KRISHNA KUMAR, J
... ... Findings of Court: ... The court found that the defendants did not provide sufficient grounds for the rejection of the plaint ... ... ... Issues: The main issues included whether the defendants had established grounds under Order VII Rule 11 for rejecting the ... Commercial Court as the defendants failed to demonstrate valid groun....
1970 0 Supreme(Mad) 182 • India - Madras
K.VEERASWAMI, V.V.RAGHAVAN
Code of Civil Procedure, 1908-Order 33, rule 1, and Section 115-Refusal of leave to sue in forma pauperis-Court fee not paid despite ... The Court-fee was not paid on 30th April, 1969 and the petition was rejected. ... This case is different in that there it was a plaint with deficit Court-#HL_START....
2023 5 Supreme 373 • India - Supreme Court
C. T. RAVIKUMAR, SUDHANSHU DHULIA
of Court fee and proper Court fee was not paid. ... 1887 – Section 8 – Rejection of plaint – What exactly was amendment sought for and permitted by High Court is not discernible from ... Findings of Court: Whether court of Additional District Judge-II, Central, T....
2014 0 Supreme(Mad) 4159 • India - Madras
K.RAVICHANDRA BAABU
Issues: The issues revolved around the payment of proper Court fee, the plea of partial partition, and the applicability of ... proper Court fee, the suit was not bad for partial partition, and the principle of res-judicata could not be applied at the threshold ... Finding of the Court: The Court....
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