Ramesh Chandra vs Ghanshyamdas and Others

N.K. Mody, J.

Case is listed in defect. As per the office there is defect in payment of less Court fee of Rs. 5/- on affidavits.

Learned counsel for the appellant submits that the affidavit filed by the appellant is notarised, therefore, no judicial stamp is necessary.

Chapter IX of the High Court of Madhya Pradesh Rules, 2008 deals with affidavits. As per sub rule (1) of Rule 10 of the Rules Court fee stamp of Rs. 5/- is to be paid by way of affixing Court fee stamp on each of the affidavit towards the charge of administering the oath to or receiving the solemn affirmation from the affiant. Learned counsel for the appellant submits that except Rule (10) of Chapter IX of the Rules, there is no rule in the Rules according to which Court fee is required to be paid on the affidavits.

As per Article-4 of Schedule 1-A the affidavit is required to be typed on Stamp Paper valuing Rs. 10/-. There are certain exemptions which are mentioned in Article-4. As per clause (b) of Exemptions if the affidavit in writing when made for the sole purpose of being filed or used in any Court or before the officer of any Court, no stamp duty is payable on the affidavit.

Since the affidavit filed in the present appeal is sworn before Smt. Anita Sharma, Notary, District Indore, therefore, no further Court fee is required to be paid on the affidavit as pointed out by the Office. In view of this, objection is ruled out. Office is further directed not to list the cases in default on account of payment of Court fee on affidavit where the affidavits are executed before the Notary/Oath Commissioner.

Heard on the question of admission and also on IA No. 10612/09.

Let notice of appeal and application be issued to the respondents, upon payment of PF within seven days. Record be called. In the meantime operation of the impugned order shall remain stayed.

C.C. as per rules.