Plaint Need Not Be Rejected Straightaway For Insufficient Stamp; Plaintiff Can Be Required To Supply Requisite Stamp Papers Within A Timeline: Himachal Pradesh HC
|The Himachal Pradesh High Court observed that there would be no occasion for rejection of the Plaint straightway on the ground that the same is insufficiently stamped.
The Court said that even if the Plaint is not sufficiently stamped, then also the plaintiff can be required by the Court to supply the requisite stamp papers within a timeline.
The Court was hearing a Petition challenging the order that dismissed the Petitioner’s application under Order 7 Rule 11 of the Civil Procedure Code.
The bench of Justice Jyotsna Rewal Dua perused Order 7 Rule 11 CPC and observed, “even if the plaint is not sufficiently stamped, then also the plaintiff can be required by the Court to supply the requisite stamp papers within a timeline. There would be no occasion for rejection of the plaint straightway on the ground that the same is insufficiently stamped.”
Advocate Rohit appeared for the Appellant.
Brief Facts-
The plaintiff/respondent No.1 filed a Civil Suit that has reached the evidence stage. The defendants filed an application under Order 7 Rule 11 to reject the plaint on the ground that it was insufficiently stamped and lacked the proper Court fee. The trial Court dismissed the application. Hence the defendants have sought the supervisory jurisdiction of the Court under Article 227 of the Constitution of India.
“Merely on the basis of spot map or the statement of PW-10, the plaint cannot be rejected on the ground of it having been insufficiently stamped or for want of affixing proper court fee.”, the Court said.
The Court said that no interference is called for in the impugned order passed by the Court below.
Accordingly, the Court dismissed the Petition.
Cause Title: Shakuntala Devi v. Kewal Singh (Neutral Citation: 2024:HHC:5264)