Deficiency in Court Fee

Deficiency in Court Fee

Deficiency in Court Fee: Section four and six (4 & 6) of the Court fees Act, 1870 provide that no deed or document liable to charge with the court fee shall be filed or received in any court if proper court fee has not been affixed thereon. Section 149 CPC scribe and provide exception to the rule and it be read as proviso to sections four and six (4 and 6) of the Court Fees Act, 1870, according to that a court may perhaps grant time to the party to remove deficiency even after expiry of time and also at any stage of the proceedings.

Meaning: Where the any part or the whole of the already prescribed fee on any document relating to court fees have not been paid, is called deficiency in courtĀ fees.

Provisions: Section four and six (4 & 6) of Court Fees Act and Section 148, section 149 of order 7 Rule 11 of C.P.C.

General Rule to pay court fee: Section 4 and section 6 of Court Fees Act 1870 provides that no documents, paid for by the office with court fee under this Act, shall be filled or recorded in any court of justice, if there is no court fee paid.

The institution of a suit appeal or production of certificates, deeds and document would not b a legal institution or production if the fee charged under this act is not paid.

Section 149 of CPC is an exception to that General Rule: section 149 of CPC is an exception to that general rule by bestowing discretion to the court to permit the party to make good (re-correct) the deficit court-fee at any stage of the proceedings.

  1. Deficiency may be making up in the respect of entire or any element of described fee.
  2. Reasonable time be allowed
  • Allowing further time for correction the deficiency
  1. Extension to time allowed under section 148 of CPC.

When time is usually extended i. Time usually extended where there has been a bona fide mistake/error or straightforward doubt in calculating of court fees payable, or

  1. Where the situation is beyond the control of the party; or

iii. Where the court has committed mistake in calculation of the court fee or

  1. Where the court fees stamps are not available.
  2. When time is not extended by the court
  3. time should not be extended where there is guilty of negligence on behalf of the party, or
  4. Where party act malafide.

iii. When suit has been deliberately undervalued by the party.

Vii. Time for correcting Deficiency, Section 149 of CPC empowers the court to allow the party to correct the deficiencies at any stage.

viii. Discretion of Court: It is the discretionary powers granted to the court under section 149 CPC so no right can be claimed by the party under these provisions.

Cases where court is bound by law to give time: The court is duty bound by law to give time where plaint is inadequately stamped by plaintiff under order 7 rule 11 of C.P.C , the court is bound to provide time to the plaintiff for correcting / making up the deficiency.

  1. Deficiency must be corrected / made up in the time allowed by the court: The suit will be deemed to have been instituted on the date, on which the plaint was presented to the court.
  2. Where Deficiency is not made up in time allowed: Under Order 7 R-11 of CPC, court may reject his plaint if the deficiency is not corrected or made up in the time allowed to the plaintiff by the court.
  3. Effect of Section 149: Section 149 of C.P.C will effect retrospectively.

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