Sunday, 3 July 2016

When person filing cross objection is liable to pay court fees?

 Under R. 22 of Order XLI of the Code of Civil Procedure (for short, "the Code") a party who is aggrieved by a finding can challenge that finding in the appeal preferred by the opposite party even without a Cross Objection. Cross Objection challenging the finding therefore need only be treated as the information given to the appellant about the cross objectors challenging the finding which is adverse to them.
True that under R. 22 of Order XLI of the Code, Cross Objection, has to conform to the requirements of R. 1 of Order XLI of the Code but that is only in the matter of form and contend. If the Cross Objection is against any part of the decree, cross objectors may have to pay court fee as required by law. But, when a Cross Objection is against a finding, I am persuaded to think that it is not necessary for the cross objectors to pay ad valorem court fee; they need only pay petition fee (` 10/-) under Schedule II, Art. 11(t) of the Court Fees and Suits Valuation Act.
IN THE HIGH COURT OF KERALA
C.O. No. 16 of 2012 in R.S.A. No. 1233 of 2011
Decided On: 01.03.2012
Appellants: Peethambara Panicker
Vs.
Respondent: Pratheepkumar
Hon'ble Judges/Coram:Thomas P. Joseph, J.
Citation:2013 KHC 3685 = 2013 (4) KLT 716




1. Registry has noted an objection that the cross objectors have not paid court fee on the Cross Objection. Learned counsel for cross objectors submits that the challenge in the Cross Objection is only regarding certain findings entered by the first appellate court and not against any part of the decree and hence cross objectors are not liable to pay court fee.
2. I have heard learned Senior Advocate appearing for the respondents in the Cross Objection.
3. Under R. 22 of Order XLI of the Code of Civil Procedure (for short, "the Code") a party who is aggrieved by a finding can challenge that finding in the appeal preferred by the opposite party even without a Cross Objection. Cross Objection challenging the finding therefore need only be treated as the information given to the appellant about the cross objectors challenging the finding which is adverse to them.
True that under R. 22 of Order XLI of the Code, Cross Objection, has to conform to the requirements of R. 1 of Order XLI of the Code but that is only in the matter of form and contend. If the Cross Objection is against any part of the decree, cross objectors may have to pay court fee as required by law. But, when a Cross Objection is against a finding, I am persuaded to think that it is not necessary for the cross objectors to pay ad valorem court fee; they need only pay petition fee (` 10/-) under Schedule II, Art. 11(t) of the Court Fees and Suits Valuation Act. The objection raised by Registry is overruled. Other defects if any in the Cross Objection shall be cured by the cross objectors.
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