SARDAR TAJENDER SINGH GHAMBHIR AND ANOTHER versus SARDAR GURPREET SINGH & OTHERS

SARDAR TAJENDER SINGH GHAMBHIR AND ANOTHER versus SARDAR GURPREET SINGH & OTHERS

Absence of a specific order from the trial court setting a time limit for payment of deficit court fee means Sections 6(2) and 6(3) of the Court Fees Act, 1870, do not operate against the plaintiff; appellate courts are empowered to allow payment of deficit court fee in the interest of justice.

Source-derived case information.

Parties
Appellant: Sardar Tajender Singh Ghambhir; Respondent: Sardar Gurpreet Singh
Jurisdiction
India
Judgment Date
12 September 2014
Procedural Posture
Civil Appeal / Appeal From High Court Decision in Writ Petition No. 376 of 2012
Outcome
Appeal allowed
Legal Topics
Court Fee Payment, Appeals, Plaint Amendment
Civil Procedure Court Fee Payment Appeals Plaint Amendment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sardar Tajender Singh Ghambhir

Appellant

Sardar Gurpreet Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision in Writ Petition No. 376 of 2012

Legal Issues

  1. 1 Whether deficiency in court-fee in an amended plaint can be made good at the appellate stage
  2. 2 The scope of appellate court powers under the Court Fees Act, 1870

Ratio Decidendi

Absence of a specific order from the trial court setting a time limit for payment of deficit court fee means Sections 6(2) and 6(3) of the Court Fees Act, 1870, do not operate against the plaintiff; appellate courts are empowered to allow payment of deficit court fee in the interest of justice.

Court Disposition

Appeal allowed

Orders

  • Impugned order of High Court is set aside
  • Opportunity given to make up deficit court fee at appellate stage is affirmed