Supreme Court of India · 2014-09-12
SARDAR TAJENDER SINGH GAMBHIR vs SARDAR GURPREET SINGH .
- Citation / case number
- SC 2013/4384
- Court
- Supreme Court of India
- Petitioner
- SARDAR TAJENDER SINGH GAMBHIR
- Respondent
- SARDAR GURPREET SINGH .
- Author
- R.M.LODHA
- Bench
- CHIEF JUSTICE,KURIAN JOSEPH,ROHINTON FALI NARIMAN
Judgment text excerpt
The Supreme Court held that under Section 6(2) and (3) of the Court Fees Act, 1870, a plaint cannot be acted upon unless the court fee deficiencies are rectified before the disposal of the suit. The Court emphasized that the appellate court lacks the authority to permit the payment of additional court fees after the trial court's judgment, as this would set a bad precedent. Consequently, the High Court's ruling that the plaintiffs must rectify the court fee deficiency before proceeding was upheld, leading to the dismissal of the appeal.