Insertion ol newf section!
8A to 8F.
"8A. In every suit in which an ad valorem court-fee is payable under this Act on the plaint, the plaintiff shall file with the plaint a statement of particulars of the subject-matter of the suit and his own valuation thereof unless such particulars and the valuation are contained in the plaint. The statement shall be in such form and shall contain such particulars as may be prescribed by the State Government by notification in the Official Gazette. In every such suit the plaintiff shall'also, if' the Court so directs, file a duplicate copy of the plaint and of the said statement.
Statement of particulara of sub ject-matter of suits and plaintiff's valuation thereof.
8B. (1) In every suit in which a court-fee is payable under this Act on the plaint or memorandum of appeal, the Court shall, on the date fixed for the appearance of the opposite party or as soon as may be thereafter, and in every case before proceeding to deliver judgment, record a finding whether a sufficient court-fee has been paid.
(2) If the Court records a finding that an insufficient courtfee has been paid on the plaint or memorandum of appeal, the Court shall—
(a) stay all further proceedings in the suit until it has determined the proper amount of such court-fee payable and the plaintiff or the appellant, as the case may be, has paid such amount or until the date referred to in clause
(b), as the case may be:
Provided that, if the plaintiff or. appellant gives within such time as the Court may allow, security to the satisfaction of the Court for the payment of any additional amount Procedure wherc^ insufficient court-fee 11 filed ontf plaint or memorandum of appeal.
238 THE GAZETTE OF INDIA EXTRAORDINARY [PAR* II for which he may be found liable, the Court may proceed with the suit,
(b) fix a date before which the plaintiff or appellant shall pay the amount of court-fee due from him, as determined by the Court under clause (a).
(3) If the plaintiff or appellant fails to give the security referred to in clause (a) of sub-section (2) or to pay the amount referred to in clause (b) of that sub-section within the time allowed, or before the date fixed, by the Court, as the case may be, the suit shall be dismissed.
Inquiry as to valuation of suits.
8C. If the Court is of opinion that the subject-matter of any suit has been wrongly valued, it may revise the valuation and determine the correct valuation and may hold such inquiry as it thinks fit for such purpose.
Investigation to ascertain proper valuation.
8D. (1) For the purpose of an inquiry under section 8C, the Court may depute, or issue a commission to, any suitable person to make such local or other investigation as may be necessary and to report thereon to the Court. Such report and any evidence recorded by such person shall be evidence in the inquiry.
(2) The Court may, from time to time, direct such party to the suit as it thinks fit to deposit such sum as the Court thinks reasonable as the costs of the inquiry, and if the costs are not deposited within such time as the Court shall fix, may, notwithstanding anything contained in any other Act, dismiss the suit if such party is the plaintiff or the appellant and, in any other case, may recover the costs as a public demand.
Power of persons making inquiry under ssctionB 8C and 8D.
8E. (1) The Court, when making an inquiry under section 8C and any person making an investigation under section 8D shall have, respectively, for the purposes of such inquiry or investigation, the powers vested in a Court under the Code of Civil Procedure, 1908, in respect of the following matters, namely: —
(a) enforcing the attendance of any person and examining him on oath or affirmation;
(b) compelling the production of documents or material objects; and
(c) issuing commissions for the examination of witnesses.
5 of i9c».
SEC. lj THE GAZETTE OF INDIA EXTRAORDINARY J39
(2) An inquiry or Investigation referred to in sub-section
(1) shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code.j of :86o.
8F. (1) If in the result of an inquiry under section 8C the Court finds that the subject-matter of the suit has been undervalued, the Court may order the party responsible for the undervaluation to pay all or any part of the costs of the inquiry.
(2) If in the result of such inquiry the Court finds that the subject-matter of the suit has not been undervalued, the Court may, in its discretion, order that all or any part of such costs shall be paid by the State Government or by any party to the suit at whose instance the inquiry has been undertaken, and if any amount exceeding the proper amount of fee has been paid shall refund the excess amount so paid.".
Costs of inquiry a» to valuation and refund of excess fee.
9. Sections 9 and 10 of the principal Act shall be omitted. Omission of sections 9 and 10,