Search By Topic: Civil Procedural Law

659. (SC) 10-02-2020

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 482 -- Code of Civil Procedure, 1908 (V of 1908), Section 9 – Civil suit – Handwriting expert report – F.I.R. w.r.t. forged receipts – Sustainability of -- Quashing of FIR -- Handwriting expert in civil suit has opined that signatures in all the four receipts did not tally with the sample signatures which were of respondent No.2 -- It was only thereafter, FIR was registered -- In the Summary Suit, issue No.5 has been framed by the Court “whether the defendant proved that the plaintiff has fabricated the forged signature illegally and created forged receipts” – Held, when the issue as to the genuineness of the receipts is pending consideration in the civil suit, the FIR ought not to have been allowed to continue as it would prejudice the interest of the parties and the stand taken by them in the civil suit -- Based on the sole opinion of the handwriting expert, the FIR ought not to have been registered -- Continuation of FIR would amount to abuse of the process of Court – Petition u/s 482 Cr.P.C. to quash the FIR allowed.

(Para 18, 19)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 139 – Indian Evidence Act, 1872 (1 of 1872), Sections 45, 72, 118(a) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheque bounce case – Quashing of complaint -- Presumption of legal enforceability debt – Rebuttal of -- ‘Y’ admitted the issuance of cheques -- Once the issuance of cheque is admitted/established, the presumption would arise u/s 139 of the N.I. Act in favour of the holder of cheque that is the complainant-appellant No.3 -- Burden lies upon the accused to rebut the presumption by adducing evidence -- High Court did not keep in view that until the accused discharges his burden, the presumption u/s 139 of N.I. Act will continue to remain -- When disputed questions of facts are involved which need to be adjudicated after the parties adduce evidence, the complaint u/s 138 of the N.I. Act ought not to have been quashed by the High Court by taking recourse to Section 482 Cr.P.C.

(Para 20)

661. (P&H HC) 31-01-2020

A. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13-B -- NRI Landlord – Eviction petition through power of attorney – Maintainability of – Held, it would not be appropriate to hold that petition u/s 13-B of the 1949 Act cannot be filed through power of attorney.

(Para 9)

B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 2(a), 13-B – NRI Landlord -- Various petition – Maintainability of -- Definition of “building” includes the entire building as also a part of a building -- All the premises in possession of the various tenants are part of the same building and, therefore, covered by the definition of a building -- Hence, the landowner is entitled to maintain the various petitions filed against various tenants of the same building.

(Para 10)

C. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13-B – Code of Civil Procedure, 1908 (V of 1908), Order 9 Rule 8 -- NRI-Landlord – First petition dismissed for non-prosecution -- Second petition – Maintainability of -- Previous petition filed u/s 13-B by the landlord was dismissed for non-prosecution under Order 9 Rule 8 CPC -- Strictly the provisions of the CPC are not applicable, however, the broader principles of the CPC would be applicable -- As per the CPC, second petition/suit on the same cause of action is maintainable if the previous suit or petition was dismissed in default in the absence of both the parties – Held, second petition would not be barred.

(Para 11-13)

669. (P&H HC) 05-12-2019

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (54 of 2002), Section 13, 17, 34 -- Guidelines of Reserve Bank of India dated 17.3.2016 -- Code of Civil Procedure, 1908 (V of 1908), Order 39 Rule 1 & 2, Section 9 – Proceedings under SARFAESI Act – Civil Suit -- Application under order 39 Rule 1 & 2 -- Maintainability of -- Question of jurisdiction – Stage of – RBI guidelines providing for revival and rehabilitation of Micro, Small and Medium Enterprises (MSME) with loan limits upto 25 crores, sending the case to the Committee before initiating any appropriate action under the SARFAESI Act – Trial Court dismissed the application as barred u/s 34 of the 'SARFAESI Act' -- Lower Appellate Court, relying upon guidelines of RBI dated 17.3.2016, reversed the order of the trial Court – Challenged by Bank in revision -- Held;

-- Whether the company of the plaintiffs falls under MSME or not would be a question of fact to be debated before the trial Court at the relevant stage with reference to the evidence to be led by the parties.

-- For grant of temporary injunction, three principles are required to be appreciated i.e. existence of prima facie case, balance of convenience and irreparable loss to be caused in the event of non grant of temporary injunction

-- Court having no jurisdiction can pass interim order till such time issue of jurisdiction is decided by the Court on merits.

No justification to interfere in revision petition, same is dismissed.

(Para 2-4)

670. (SC) 21-11-2019

A. Code of Civil Procedure, 1908 (V of 1908), Order IX Rule 13, Section 96 (2) – Ex-parte Decree – Remedy for defendant -- When an ex-parte decree is passed, the defendant has two remedies –

(a) either to file an application under Order IX Rule 13 CPC to set aside the ex-parte decree by satisfying the court that the summons was not served or if served, the defendant was prevented by “sufficient cause” from appearing in the court when the suit was called for hearing;

(b) to file a regular appeal from the original decree to the first appellate court in terms of Section 96(2) CPC and challenge the ex-parte decree on merits.

(Para 9)

B. Code of Civil Procedure, 1908 (V of 1908), Order IX Rule 13, Section 96 (2) – Ex-parte decree – Setting aside of -- Remedy of – Held, right to appeal under Section 96(2) CPC challenging the original decree passed ex-parte, being a statutory right, the defendant cannot be deprived of the statutory right merely on the ground that the application filed under Order IX Rule 13 CPC was earlier dismissed.

(Para 10, 15)

C. Code of Civil Procedure, 1908 (V of 1908), Order IX Rule 13, Section 96 (2) – Limitation Act, 1963 (36 of 1963), Section 5 -- Ex-parte decree – Application for setting aside -- Regular Appeal – Condonation of delay in filing appeal -- Defendant has adopted dilatory tactics or where there is lack of bona fide in pursuing the remedy of appeal under Section 96(2) of the code after the dismissal of the application under Order IX Rule 13 CPC, is a question of fact and the same has to be considered depending upon the facts and circumstances of each case.

(Para 15)

D. Code of Civil Procedure, 1908 (V of 1908), Order IX Rule 13, Section 96 (2) – Ex-parte decree – Dismissal of appeal – Application for setting aside ex parte decree – Maintainability of -- When the defendant filed appeal under Section 96(2) CPC against an ex-parte decree and if the said appeal has been dismissed, thereafter, the defendant cannot file an application under Order IX Rule 13 CPC.

(Para 16)

672. (SC) 19-11-2019

A. Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 6A -- Counter Claim – Stage of filing -- Framing of issue – Discretion of Court -- Whether the language of Order VIII Rule 6A of the Civil Procedure Code is mandatory in nature -- Held, Order VIII Rule 6A of the CPC does not put an embargo on filing the counter-claim after filing the written statement, rather the restriction is only with respect to the accrual of the cause of action -- Having said so, this does not give absolute right to the defendant to file the counter-claim with substantive delay, even if the limitation period prescribed has not elapsed -- Court has to take into consideration the outer limit for filing the counter-claim, which is pegged till the issues are framed -- Court in such cases have the discretion to entertain filing of the counter-claim, after taking into consideration and evaluating inclusive factors provided below which are only illustrative, though not exhaustive:

i.       Period of delay.

ii.      Prescribed limitation period for the cause of action pleaded.

iii.     Reason for the delay.

iv.     Defendant’s assertion of his right.

v.      Similarity of cause of action between the main suit and the counter-claim.

vi.     Cost of fresh litigation.

vii.    Injustice and abuse of process.

viii.   Prejudice to the opposite party.

ix.     and facts and circumstances of each case.

x.      In any case, not after framing of the issues.

(Reference answered accordingly)

(Para 20, 21)

View of Mohan M. Shantanagoudar, J. –

B. Code of Civil Procedure, 1908 (V of 1908), Order 8 Rule 6A -- Counter claim – After filing of written statement before framing of issue /  After framing of issue -- Exceptional circumstances – Discretion of Court:

There are several considerations that must be borne in mind while allowing the filing of a belated counter-claim.

--       First, the Court must consider that no injustice or irreparable loss is being caused to the defendant due to a refusal to entertain the counter-claim, or to the plaintiff by allowing the same. Of course, as the defendant would have the option to pursue his cause of action in a separate suit, the question of prejudice to the defendant would ordinarily not arise.

--       Second, the interest of justice must be given utmost importance and procedure should not outweigh substantive justice.

--       Third, the specific objectives of reducing multiplicity of litigation and ensuring speedy trials underlying the provisions for counter-claims, must be accorded due consideration.

Held, it is not mandatory for a counter-claim to be filed along with the written statement. The Court, in its discretion, may allow a counter-claim to be filed after the filing of the written statement. However, propriety requires that such discretion should ordinarily be exercised to allow the filing of a counter-claim till the framing of issues for trial.

To this extent …. Concurring

However, in exceptional circumstances, a counter-claim may be permitted to be filed after a written statement till the stage of commencement of recording of the evidence on behalf of the plaintiff.

(Para 45-46)

(Reference answered accordingly)

675. (SC) 15-07-2019

A. Code of Civil Procedure, 1908 (V of 1908), Order 20 Rule 6A(2), Order 23, Rule 3, Order 21, Section 151 – Consented order of eviction – Execution of – Maintainability of -- Held, compromise order had the effect of a decree till the date of actual passing of the decree by the Court for the purposes of execution or for any other purpose -- This empowered the Executing Court to entertain the execution application and decide the objections raised by the respondent on merits – Two weeks’ time granted to appellant to apply u/s 151 read with O 20 R 6(A) of the Code to the concerned Court with a prayer for passing a decree in accordance with the compromise order passed U/O 23 R 3 of the Code -- One month’s time granted to vacate the suit house after completion of the procedural formalities by the concerned Court after making payment of all arrears of rent till the date of delivery of possession of suit house to the appellant.

(Para 24, 34-55)

B. Code of Civil Procedure, 1908 (V of 1908), Order 21 Rule 11(3) – Execution application – Requirement of certified copy of decree – O 21 R 11(3) of the Code makes it clear that the Court "may" require the decree holder to produce a certified copy of the decree -- It is not necessary to file a copy of the decree along with execution application unless the Court directs the decree holder to file a certified copy of the decree.

(Para 30)

C. Code of Civil Procedure, 1908 (V of 1908), Order 21 -- Execution application – Requirement of -- Decree holder required to ensure compliance of three things.

(i)    First, the written application filed under Order 21 Rules 10 and 11 (2) of the Code must be duly signed and verified by the applicant or any person, who is acquainted with the facts of the case, to the satisfaction of the Court;

(ii)   Second, the application must contain the details, which are specified in clauses (a) to (j) of Rule 11(2) of the Code, which include mentioning of the date of the judgment and the decree; and

(iii)  Third, filing of the certified copy of the decree, if the Court requires the decree holder to file it under Order 21 Rule 11(3) of the Code.

(Para 31,32)

D. Code of Civil Procedure, 1908 (V of 1908), Section 152 – Correction in judgment or decree or an order -- In order to invoke the powers u/S 152 of the Code, two conditions must be present –

(i)    First, there has to be a judgment or decree or an order, as the case may be, and

(ii)   Second, the judgment or decree or order, as the case may be, must contain any clerical or arithmetical error for its rectification.

In other words, Section 152 of the Code contemplates that the Court has passed the judgment, decree or the order and the same contains clerical or arithmetical error.

(Para 46)

683. (SC) 24-04-2019

A. Code of Civil Procedure, 1908 (V of 1908), Order 12 Rule 6 – Judgment on admission -- Stand of the appellants that, the pages 3 and 4 of the agreement dated 3.5.2005 are tampered and their signatures are fabricated -- Specific issue is already framed -- It cannot be said that there are categorical and unconditional admissions by the appellants.

(Para 33)

B. Code of Civil Procedure, 1908 (V of 1908), Order 12 Rule 6 – Judgment on admission – Pleaded admission – Absence of -- Relief claimed under Order XII Rule 6 of CPC by filing a written application claiming admission only based on the statement made by the advocate in the bail application, and there is no other pleaded admissions, in the application filed by the respondents-plaintiffs -- It is a trite principle that any amount of evidence is of no help, in absence of pleading and foundation in the application.

(Para 34)

C. Code of Civil Procedure, 1908 (V of 1908), Order 12 Rule 1, 6 – Judgment on admission -- Whether any inference can be drawn on admissions having regard to documents placed on record, is a matter to be considered having regard to facts of each case -- There cannot be any straight jacket formula to extend the benefit of Order XII Rule 6 of CPC.

(Para 35)

D. Code of Civil Procedure, 1908 (V of 1908), Order 12 Rule 1, 6 – Judgment on admission – Trail commenced – Effect of -- Application under Order XII Rule 6 was filed on 9.2.2007 -- In year 2010 issues and additional issues were framed and trial is also commenced – There is no reason to pass the impugned order now for decreeing the suit on claimed admissions, in exercise of power under Order XII rule 6 of CPC at this stage -- It is desirable to record findings on various contentious issues and disputes in the suit on merits by appreciating evidence – Impugned order liable to be set aside on this ground alone.

(Para 37)

E. Code of Civil Procedure, 1908 (V of 1908), Order 12 Rule 1, 6, Specific Relief Act, 1963 (47 of 1963), Section 16(c) – Judgment on admission – Suit is for specific performance of the agreement of sale -- Relief sought is equitable and discretionary relief -- Readiness and willingness on the part of plaintiffs to execute the document is to be pleaded and proved.

(Para 4-11, 38-40)

687. (P&H HC) 06-03-2019

A. Code of Civil Procedure, 1908 (V of 1908), Order 12 Rule 6 -- Family settlement – Nature of relations -- For the purpose of family settlement, the family is not to be narrowly construed -- For the purpose of family settlement, the family is to be considered as a larger family and even if one member of the family is not closely related that would not make a family settlement bad in the eyes of law.

(Para 11)

B. Code of Civil Procedure, 1908 (V of 1908), Order 12 Rule 6 – Registration Act, 1908 (16 of 1908), Section 17 -- Family settlement – Compromise judgment and decree – Registration – Requirement of -- Judgment and decree is not an instrument of transfer of the property -- A judgment and decree acknowledging family settlement which had been arrived at before the filing of the suit is passed on the basis of consent of the parties under Order 12 Rule 6, Civil Procedure Code, 1908 -- Once the judgment and decree is not instrument of transfer, it does not require registration.

(Para 13)

C. Registration Act, 1908 (16 of 1908), Section 17 -- Indian Evidence Act, 1872 (1 of 1872), Section 101, 114 -- Registered sale deed – Disputing payment before Registrar -- Challenge to -- Registered sale deed has a presumption of correctness and the onus is very heavy on the plaintiff to prove otherwise -- Plaintiff has failed to prove that there was no payment – A sale deed cannot be set aside on the ground that the payment of the sale consideration is not before the Sub-Registrar.

(Para 15,16)

694. (P&H HC) 17-01-2019

A. Code of Civil Procedure, 1908 (V of 1908), Order 23 Rule 3 – Compromise arrived – Adjournment in case – Effect of -- No doubt, first proviso to Rule 3 of Order 23 of the Code of Civil Procedure provides that the court shall decide the question about the compromise on the same day and no adjournment shall be granted but there is no absolute bar for grant of such adjournment -- Delay of more than 10 years in disposal of the appeal – No subsequent development which makes the compromise inequitable or impossible on account of delay -- Inaction on the part of the court cannot be made ground to deprive fruits of a valid settlement arrived at between the parties.

(Para 26)

B. Indian Contract Act, 1872, Section 10 -- Deed of compromise – Validity of -- Deed of compromise is a contract between the parties can be unlawful only as per the provisions of the Contract Act.

(Para 35)

C. Registration Act, 1908 (16 of 1908), Section 17(2)(vi) – Compromise decree dealing with immovable property – Compulsorily registration – Requirement of -- Deed of compromise even if dealing with the immovable property which subject matter of litigation does not require registration.

(Para 37)

D. Code of Civil Procedure, 1908 (V of 1908), Order 23 Rule 3 – Compromise between some of parties – Permissibility of -- Compromise can be between some of the parties to the litigation or a part of the dispute involved -- 3rd proviso to Rule 3 of Order 23 as applicable to the State of Punjab, Haryana and Union Territory of Chandigarh uses the words “all the parties” but however that proviso deals with the adjournment -- The words “all the parties” has not been used in the main provision, therefore, proviso cannot be read in a manner to give a different meaning to the main provision.

(Para 40)

E. Code of Civil Procedure, 1908 (V of 1908), Order 23 Rule 3 – Compromise deed – Validity of -- Once a compromise deed is alleged by one party and denied by other party, the court shall decide the question – Compromise deed is in writing, signed by the parties who are educated belonging to affluent families represented by senior counsels -- Not the allegation that compromise deed is either not signed or is result of misrepresentation -- Party No.1 has already received the payment as agreed to under the deed of settlement/compromise deed -- Hence, no further enquiry is required.

(Para 45)

F. Code of Civil Procedure, 1908 (V of 1908), Section 2(12), Order 20 Rule 12 – Mesne profit – Co-sharer – Right of -- A co-sharer cannot be held to be in unauthorised possession and hence he is not liable to pay mesne profit.

(Para 65)

G. Code of Civil Procedure, 1908 (V of 1908), Order 2 Rule 2, Section 12 – Barring of subsequent suit -- Cause of action – In the present suit, plaintiffs have pleaded a cause of action which arose after the death of ‘JK’ -- Such cause of action was not available when previous litigation was filed -- Present suit is for resolving the dispute inter-se between the legal heirs of ‘JK’ on the basis of registered Will, which was not the cause of action in the previous suits -- Hence, bar under Section 12 or under Order 2 Rule 2 CPC would not be attracted.

(Para 78)

H. Sale of undivided specific share – Effect of -- Any sale or alienation made by a co-sharer even if with respect to land comprised in specific khasra numbers would ultimately be sale of an undivided share from the joint property.

(Para 86)

I. Sale of undivided specific share – Protection of Possession – Right of -- Once a co-sharer has put his subsequent vendee in possession of the property may be of undivided share, the vendee is entitled to protect his possession subject to partition.

(Para 87)

J. Indian Succession Act, 1925 (39 of 1925), Section 63(c) – Will – Execution of -- On careful reading of Section 63(c) of the Succession Act, it is apparent that Section 63(c) can be divided into 3 parts.

--     First part deals with attestation of the testament by 2 or more witnesses, each of whom has seen testator signed or affixed his mark to the Will;

--     or has seen some other persons signed the Will in the presence and by directions of the testator:

--     or has received from the testator a personal acknowledgement of his signature or mark or the signatures of such person and each of the witness shall sign the Will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time and no particular form of attestation shall be necessary.

(Para 92)

K. Indian Succession Act, 1925 (39 of 1925), Section 68 – Will -- Testament signed by other – Effect of -- Whenever the testament is signed by some other person and not by the testator, it is mandatory that some other person has signed the testament in the presence and by the directions of the testator -- In such circumstances, it is necessary to prove that the testament was signed in the presence and by direction of the testator.

(Para 93)

L. Indian Succession Act, 1925 (39 of 1925), Section 68 – Will – Execution of – Proof of -- One attesting witness who has been examined is required to testify that the testator signed in the presence of both the witnesses and attesting witness signed in the presence of the testator.

(Para 93)

M. Indian Succession Act, 1925 (39 of 1925), Section 63 -- Will – Attestation of -- Registration of -- Execution and attestation of the Will by the testator and two attesting witnesses is separate than the act of getting the same registered -- Some time there can be a gap of few days in between the execution and attestation of the Will by the attesting witnesses and registration of the Will – Registration of the Will is a separate independent act which is only optional -- Registration of the Will is not mandatory.

(Para 100)

N. Indian Succession Act, 1925 (39 of 1925), Section 68 -- Will -- Validity of -- Will is to be examined with reference to the status of the parties and their expected exposure to the world – Testament has not been executed in favour of stranger but in favour of her son and other heirs -- Testator had bequeathed the property in favour of his two sons, daughter, grand children from the sons and some of the grand children from the daughter -- Hence, the testament cannot be said to be unnatural -- Some difference in the share granted to each of the heir cannot be treated with suspicion.

(Para 102)

699. (P&H HC) 13-12-2018

A. Code of Civil Procedure, 1908 (V of 1908), Order 41 Rule 27 -- Land Acquisition Act, 1894 (1 of 1894), Section 23 – Market value of acquired land – Additional evidence -- Judgments pertained to the similarly situated land in District Panchkula, the application for additional evidence allowed since the judgments have been passed after the award which is now impugned -- Judgments would be helpful to judge the market value in near vicinity.

(Para 35)

B. Land Acquisition Act, 1894 (1 of 1894), Section 23 – Market value of acquired land – Assessment of –

(i)      It is settled proposition that value of the land of the adjoining villages if it is one of the same quality and identically placed, can be taken into consideration for assessing the market value.

(ii)     What has to be etched on the mental screen of the Court is that in the facts and circumstances, the potentiality of the land in question could not be ignored as it was ripe at the time of acquisition for development from all sides i.e. residential, commercial and institutional.

(iii)    Merely because the land was acquired for the purpose of dumping ground, it would not as such discount the potentiality of the land as the usage of the land is not an aspect which is to be kept in mind by this Court.

(iv)    It is also settled principle that assessment of market value always is on the basis of little guess work and there is no exact formula as such to assess the market value with precision.

(Para 40-63)

C. Land Acquisition Act, 1894 (1 of 1894), Section 23 – Compensation in land acquisition case – Direct payment to landowner -- State shall comply with the directions laid down by the Apex Court in 'HSIIDC Vs. Pran Sukh' (2010) 11 SCC 175, to ensure that the landowners are not fleeced by the middleman, which read as under:

(a)     The Land Acquisition Collector shall depute officers subordinate to him not below the rank of Naib Tahsildar, who shall get in touch with all the land owners and/or their legal representatives and inform them about their entitlement and right to receive enhanced compensation.

(b)     The concerned officers shall also instruct the land owners and/or their legal representatives to open savings bank account in case they already do not have such account.

(c)     The bank account numbers of the land owners should be given to the Land Acquisition Collector within three months.

(d)     The Land Acquisition Collector shall deposit the cheques of compensation in the bank accounts of the land owners.

(Para 69)

700. (P&H HC) 11-12-2018

A. Code of Civil Procedure, 1908, (V of 1908), Order 7 Rule 11 (d) – Constitution of India, Article 141 -- Plaint to be barred by any law -- Rejection of plaint -- Expression “law” occurring in Order 7 Rule 11 (d) includes judicial decisions of the Hon’ble Apex Court -- The authoritative pronouncement of the Hon’ble Apex Court is the law of land -- The law declared by Hon’ble Apex Court under Article 141 of the Constitution of India is law of land -- Law includes not only legislative enactments but also judicial precedents.

(Para 6)

B. Code of Civil Procedure, 1908, (V of 1908), Order 7 Rule 11 (c) – Court Fees Act, 1870 (7 of 1870), Article 17(iii), Section 7 (iv)(c) -- Non-executant of deed in possession – Challenge to Transfer deed – Ad-valorem court fee -- If a non-executant who is in possession of the property seeks to get the document annulled, then he is required to pay Court as per Article 17(iii) of the Second Schedule of the Act.

(Para 9)

C. Code of Civil Procedure, 1908, (V of 1908), Order 7 Rule 11 (c) – Court Fees Act, 1870 (7 of 1870), Section 7 (iv)(c) -- Non-executant of deed not in possession – Challenge to Transfer deed – Ad-valorem court fee – If the non-executant who is not in possession of the property and he seeks not only the declaration of the instrument to be invalid, but also seeks possession thereof, then he is required to pay ad valorem Court fee as per market value under Section 7(iv) (c) of the Act.

(Para 9)

D. Code of Civil Procedure, 1908, (V of 1908), Order 7 Rule 11 (c) – Court Fees Act, 1870 (7 of 1870), Section 7 (iv)(c) -- Non-executant of deed in possession – Challenge to Transfer deed – Ad-valorem court fee -- Suit for declaration to the effect that he is owner in possession of the suit property -- Transfer deed was claimed to be sham transaction and was not binding upon the right and title of the plaintiff -- Permanent injunction was also sought, restraining the defendant from dispossessing the plaintiff – Transfer deed under challenge in the suit does not show any consideration -- Plaintiff is not required to pay ad valorem Court fee.

(Para 2, 10)