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Phipson & Company Ltd. vs Gayco Private Limited on 27 January, 1976

while dealing with a similar office objection by the Registry of this Court, apart from holding on merits that the relief of injunction claimed was independent of the relief of the declaration, and therefore exigible to payment of separate Court fee viz what stood affixed as court fee, further held by the relying on the judgment of this Court in Phipson & Co. Ltd. v. Gayce Pvt. Ltd. 1976 PLR page 77 that after the judgment had been delivered, the Court has no power to call upon a party or a litigant to pay the deficient Court, fee , even where it is found that the plaintiff was entertained on a deficient Court fee by mistake or inadvertence. thus this judgment clearly supports the additional submission of the learned counsel for the plaintiff that even if it were to be held that the written statement is exigible to court fee, still one the case stood finally disposed of, this Court had no power to call for the alleged deficiency of Court fee to be made good. That brings us to the decision of the Karnataka High Court reported as AIR 1988 Karnatka page 318.
Delhi High Court Cites 22 - Cited by 4 - Y Dayal - Full Document
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