Case Note & Summary
The petitioners (defendants in the suit) challenged the order of the trial court rejecting the plaint in Regular Civil Suit No.545 of 2006 filed by the respondents (plaintiffs) for declaration and injunction. The trial court had directed the plaintiffs to pay deficit court fees by a specified date, but the plaintiffs failed to do so. Consequently, the plaint was rejected under Order VII Rule 11(c) of the Code of Civil Procedure, 1908. The High Court, after hearing both sides, upheld the rejection, holding that the trial court had correctly applied the provision. The court noted that the plaintiffs had been given time to pay the deficit court fees and their failure to comply within that time left no option but to reject the plaint. The petition was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11(c) CPC - Deficit Court Fees - The plaintiffs filed a suit for declaration and injunction. The trial court directed payment of deficit court fees by a specified date. The plaintiffs failed to pay within that time. The court rejected the plaint under Order VII Rule 11(c). The High Court upheld the rejection, holding that once the court grants time for payment of deficit court fees and the plaintiff fails to comply, the plaint is liable to be rejected. The court has no discretion to extend time beyond what is granted. (Paras 3-8) B) Court Fees Act, 1870 - Suit Valuation - Deficit Court Fees - The plaintiffs valued the suit at Rs. 200/- for the purpose of court fees and jurisdiction. The trial court found the valuation to be inadequate and directed payment of additional court fees. The High Court affirmed that the trial court has the power to determine proper valuation and require payment of deficit court fees. (Paras 3-5)
Issue of Consideration
Whether the trial court was justified in rejecting the plaint under Order VII Rule 11(c) of the Code of Civil Procedure, 1908 for non-payment of deficit court fees within the time granted by the court.
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order rejecting the plaint under Order VII Rule 11(c) CPC. No order as to costs.
Law Points
- Order VII Rule 11(c) CPC
- Court Fees Act
- 1870
- rejection of plaint for non-payment of deficit court fees
- discretion of court to grant time for payment
- mandatory rejection upon failure to pay within granted time
