Court’s Power With Regard To Decision Of Question About Valuation? Discuss.

(1) Introduction

Court Fees Act is a fiscal statute. Its main object is to secure revenue for benefit of state. However, court fee is considered a matter between state and suitor. Therefore, object of this Act is not to arm some litigant with weapon of technicality to harass his/her opponent. In addition to this, this Act has granted some powers to court. For instance, court possesses power with regard to decision of question about valuation.

(2) Court’s Power With Regard To Decision Of Question About Valuation

Court’s power with regard to decision of question about valuation has been described in Section No. 12 of Court Fees Act. Following points are important for explanation of this section:

(i) Power of court

(ii) Power of court of appeal, reference or revision

(iii) .Stay of suit

(iv) Dismissal of suit

 

(i) Power Of Court

Every question, which relates to valuation for purpose of determining amount of any fee, which is chargeable under Chapter III of Court Fees Act on a plaint or memorandum of appeal, is to be decided by that court in which such plaint or memorandum is filed.

(ii) Power Of Court Of Appeal, Reference Or Revision

But whenever any such suit comes before court of appeal, reference or revision, and if such court considers that this question has been wrongly decided to detriment of revenue, this court of appeal, reference or revision is to require that party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided.

 (iii) Stay Of Suit

In such case, suit should be stayed until additional fee is paid.

 (iv) Dismissal Of Suit

If additional fee is not paid within that time, which court fixes, suit should be dismissed.

 (3) Conclusion

To conclude, it can be stated that Section No. 12 of Court Fees Act provides that decision of court in respect of question about valuation remains final between parties to suit. However, it is court of appeal, reference or revision, which can reconsider this question.

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