The lower court the court said 1)" the said trust properties shall be allotted to the share of the plaintiff trust only in case court fee is paid.' 2) If the plaintiff fails to pay the court fee he is not entitled for a decree for possession and the suit shall be deemed to have been dismissed. In the high court 1) the save as aforesaid the decree of lower court do stand confirmed in all other respects. 2) the appellant in AS. no. Should pay the court fee to the govt of AP, payable on the memo. Of said appeal and also to pay a sum of rs 4726 towards court fee payable on the plaint with in six weeks from the date of this order and The decree in lower court passed on 15-01-82 The high court passed decree on 7-6-1996. (It is a papur petition in high court) The fee is paid in 2006 So according to these points is the suit dismissed? What do I have to do now?
They did not ask for time extension to pay the court fee after the high Court passed the decree but paid it after 10 years .
1) since the plaintiff failed to pay court fees within period of 6 weeks suit stands dismissed
2) in the event Plaintif wanted extension of time for payment of court fees application should have been made before HC
3) since no application for condonation of delay is made for payment of court fees Plaintiff shall not be entitled to decree for possession
1) court fees could not have been paid after 10 years without order passed by HC condoning delay and permitting payment of court fees
Dear Querist
As per your queries and information the suit is dismissed due to non compliance of the court order.
The point is that why the matter was pending before the High court?
Is there any appeal against lower court order? Or there is any issue raised on court fee?
The law do not allowed any action after 10 years. You have to give a valid explanation regarding the non payment o f court fee. With out condoning the delay you can't do anything.
Since the case before the high court was a pauper appeal, was there any clause mentioned therein that the suit shall be dismissed if the court fees is not paid?
if the same has not been mentioned and no extension was sought to pay the said amount, then until and unless the delay has been condoned by the court, the same cannot be accepted. during the preparation of the decree, such objection can be raised stating that the suit is liable to be dismissed on this ground alone.
1. The plaintiff was required to pay the court fee within 6 weeks, which direction he did not comply, consequently the suit stands dismissed.
2. Court fee paid after 10 years, without the order of the High Court allowing the payment of court fee, is an exercise in futility.
3. If the plaintiff wanted to pay the court fee after 10 years he should have sought the permission of the High Court to pay it, which the HC may have granted after imposing cost.
Court fee even if paid after 6 weeks does not revive the decree passed by the HC. The plaintiff had to seek the permission of the HC in the event he could not comply with the direction of the court to pay the court fee within 6 weeks.
1. The Suit stands to be didmissed for not complying with Court order,
2. The Court Fees should have been paid with nin 6 weeks as per the order,
3. There has been no application and subsequent order for extension of the time period for paying the said Court fees,
4. So, the suit has already been dismissed as ordered.
1. The payment of the said Court fee has not been made within the time as was directed by the Court,
2. The said time period was not extended also by the Court,
3. Hence, the suit has already been treated as dismissed long back.