Supreme Court of India -Sardar Tajender Singh Ghambhir and Another Appellants Versus Sardar Gurpreet Singh & Others-Court Fees – Payment of deficiency in Court fee can be made in appeal/reference/revision-Civil Appeal No. 8660 of 2014 [Arising Out of S.L.P. (C) No. 9042 of 2013]-Decided on 12-9-2014. Held :The High Court was clearly in error in invoking the above provision without appreciating the fact that there was no order by the trial court directing the plaintiffs to make good the deficit court-fee within a particular time. …. The High Court was also in error in holding that deficiency in court-fee in respect of plaint cannot be made good during the appellate stage. In this regard, the High Court, overlooked well known legal position that appeal is continuation of suit and the power of the appellate court is co-extensive with that of the trial court. It failed to bear in mind that what could be done by the trial court in the proceeding of the suit, can always be done by the appellate court in the interest of justice….. Secondly, the High Court failed to consider clause (ii) of Section 12 of 1870 Act which reads: (ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid, to pay within such time as may be fixed by it, so much additional fee as would have been payable had the question been rightly decided….. The above provision clearly empowers the appellate court to direct a party to make up deficit court-fee in the plaint at the appellate stage. The power exercised by the first appellate court can be traced to clause (ii) of Section 12 of 1870 Act as well.
Posted on: Mon, 29 Sep 2014 07:35:15 +0000
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