If Plaint was amended and additional relief was seek and due to
amendment in relief plaintiff should pay more court fee but same was not
pay and court also did not direct to pay but this point was raised in
appeal filed by defendant and appellate court directed to plaintiff to
make up the deficit court-fee. whether appellate court can pass such
order or not this question was decided by bench of Hon'ble Three
Judges (Hon'ble C.J.I. and two other Hon'ble Judges) of Hon'ble Apex
Court in Civil Appeal No. 8660 of 2014 [ arising out of SLP (C) No.
9042 of 2013](Tejendra Singh Ghambhir and another versus Gurpreet Singh
and others).
Hon'ble Apex court examined the provision of section 149, 151, 96, 100
of C.P.C. and section 6 and its sub-section, and 12 (ii) of court fee
Act 1870 (As applicable in U.P.) and held that-
It is duty of the court to determine as whether or
not court -fee paid on the plaint is deficient and if court fee is
found to be deficient, then give an opportunity to the plaintiff to make
up such deficiency within the time that may be fixed by the court.
For
payment of court fee ,the time must be granted by the court and if
despite of the order of the court deficient court fee is not paid within
time allowed by court time to tme then consequence as provided must
follow ie. court may dismiss the suit.
If question of deficiency of court fee is raised before court of
appeal revision or reference and court found that court fee in Trial
court was deficient then he must time to pay the deficient court and if
same in not paid in time fixed by the court then if defaulter is
appellant or, revisionist then appeal or revision shall be dismissed and
if respondent then court shall informed to Collector to recover the
deficiency as arrears of land revenue.
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