suit for damages, defamation.
3 years ago
In the suit for damages for defamation, the plaintiff did not disclose the amount in the plaint and the result is plaintiff not paid any court fees for a suit for damages, defamation.
My question is; Can be defended ask the court to direct the plaintiff to fix the damages amount and court fees as per the same?
Parth Ranade
Responded 3 years ago
A.If the Plaintiff has not paid the prescribed court fees then you can file an application for rejection of the Plaint Under Order 7 Rule 11 of the code of civil procedure. You can once read the provisions and give me good ratings so that I can help clients like you in future also.
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Madhura Akolkar
Responded 3 years ago
A.Yes you can.but first you have to raise questions about maintainability.
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Tanmoy Chattopadhyay
Responded 3 years ago
A.The first question is how the suit was admitted without court fees. Now if at all it is admitted without mentioning the damage whether the suit for defamation is maintainable or not?
The same would be a very good ground to take the objection under Order 7 Rule 11 for rejection of the plaint.
The defendant if it chooses to rather ask the court to cure the defect in the plaint the court will gladly accept the same and allow the plaintiff to amend the plaint as per Order 6 Rule 17 provided the plaintiff has other reasons justifiable to not claim any monetary damages.
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The same would be a very good ground to take the objection under Order 7 Rule 11 for rejection of the plaint.
The defendant if it chooses to rather ask the court to cure the defect in the plaint the court will gladly accept the same and allow the plaintiff to amend the plaint as per Order 6 Rule 17 provided the plaintiff has other reasons justifiable to not claim any monetary damages.
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Sidhaarth
Responded 3 years ago
A.It is a legal defect that plaintiff had not fixed the amount and defendant can point out this defect but it would not be prudent in early stage.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.absolutely.
Fees has to be paid (even basic) have to be paid along with application to submit full fees later.
even ask for disposal.
Advocate Ankur Goel
Fees has to be paid (even basic) have to be paid along with application to submit full fees later.
even ask for disposal.
Advocate Ankur Goel
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A.hey,
this is possible.
if you likr my answer pls give me a good rating
this is possible.
if you likr my answer pls give me a good rating
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.hey,
this is possible.
if you likr my answer pls give me a good rating
this is possible.
if you likr my answer pls give me a good rating
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A.The court will nt allow such petitions
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A.Dear Sir,
On this ground you may ask the Court to reject the plaint.
Rate me Five Star*
On this ground you may ask the Court to reject the plaint.
Rate me Five Star*
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