The Calcutta Weekly Notes. Monday September 25 1939

The implications of an affirmative answer are that a Plaintiff is entitled as a matter of right to file an insufficiently stamped plaint; that he is further entitled to have process issued on that defective plaint and to have a date fixed for the apearance of the Defendant; that he has a right to have the question of court-fees left undecided till the latter date; and that if he is to be call [...] Reference is also made to the Note to Rule 53 of the Civil Rules and Orders which reminds the Plaitiff of the duty of filing with the plaint the necessary process forms and process fees. [...] 8B of the Court Fees Act mean that a date forethe appearance of the 'Defendant must always be fixed and the -Court cannot take up the question of courfees and cannot require the Plaintiff to pay the deficit before the date so fixed. [...] It does not mean that even if the dficiency is manifest and obtrudes itself upon the notice of the Court or its officers at the time of the presentation of the plaint the Court cannot require the Plaintiff fortwith to pay the deficit say within a given time but must proceed solemnly to summon the Defendant on a defective plaint and postpone passing its. order as to the deficit courtefees [...] If that were the intention -of the legislature nothing would have been easier than to say that a Plaintiff would be at liberty to file the plaint with any fee he liked and compel the attendance of the Dfendant and pay further fees when such were determined by the Court on the day fixed for the Defendant's appearance.