Supreme Court · 2012 INSC 263 · Decided 3 July 2012
A. Nawab John & ORS. v. V.N. Subramaniyam
- Court
- Supreme Court of India
- Citation
- 2012 INSC 263 · [2012] 6 S.C.R. 369
- Case number
- CIVIL APPEAL No. 4838/2012
- Decided
- 3 July 2012
- Bench
- P. SATHASIVAM, JASTI CHELAMESWAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 149; Transfer of Property Act Section 52; Limitation Act Section 5
Headnote
369 A. NAWAB JOHN & ORS. V. V.N. SUBRAMANIYAM (Civil Appeal Nos. 4838-4840 of 2012) JULY 3, 2012 [P. SATHASIVAM AND J. CHELAMESWAR, JJ.) Court Fees Act, 1870: Filing of plaint - Deficient court fee - Right of defendant to raise objection - Held: Question A B of court fee is a matter between deficiency - The legislature did not intend to give any advantage to the defendants on account of the payment of the inadequate Court fee by the plaintiffs - In a D case where the plaint is filed within the period of limitation prescribed by law but with deficit courtfee and the plaintiff seeks
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