Supreme Court · 2014 INSC 627 · Decided 12 September 2014
Sardar Tajender Singh Ghambhir and Another v. Sardar Gurpreet Singh & Others
- Court
- Supreme Court of India
- Citation
- 2014 INSC 627 · [2014] 10 S.C.R. 527
- Case number
- CIVIL APPEAL No. 8660/2014
- Decided
- 12 September 2014
- Bench
- RAJENDRA MAL LODHA, KURIAN JOSEPH, R.F. NARIMAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 149; Constitution Article 227
Headnote
COURT FEES ACT, 1870: s. 6(2) and s. 6(3), proviso - Payment of court fee at appellate stage - Plaint amended adding to valuation of suit - No orders made by trial court to make up the deficit court A B c fee - Objection raised by defendants in first appeal - by court for payment of court fee - In 0 absence of such specific order, sub-ss. (2) and (3) would not come into operation - An appeal is continuation of suit and power of appellate court is co-extensive with that of trial court. s. 12(ii) - Decision as to valuation of suit - The provision
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