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CHAPTER II COMPUTATION OF FEES

Section 9: Investigation to ascertain proper valuation

The Gujarat Court-fees Act, 2004

How current this text is

Text as published by India Code for the Government of Gujarat (Legislative and Parliamentary Affairs Department print, as modified up to 31 January 2024), with amendments up to Guj. 14 of 2016.

The marginal notes printed beside the clauses of section 6 and beside the second paragraph of section 34 are shown as small headings above the clause they label.

(1) For the purpose of an inquiry under section 8, 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, reject the plaint or, as the case may be the appeal, if such party is the plaintiff or the appellant and, in any other case, may recover the costs as a public demand:

Provided that when any plaint or appeal is rejected under this section, the court-fees already paid shall not be liable to be refunded.

Questions on this section

1 question in 1 of our papers cite Section 9. Try these from the free papers:

  1. 1. Consider the following statements under Sections 8 to 11 of the Gujarat Court-fees Act, 2004: 1. The Court may hold an inquiry into the valuation of a suit only on an application made by the defendant. 2. If the plaintiff fails to deposit the costs of the inquiry within the time fixed, the Court may reject the plaint, and the court-fee already paid is not refundable. 3. If the Court finds that the suit has not been undervalued, it must in every case order the Government to pay the costs of the inquiry. Which of the statements given above is/are correct?

Practise questions on Gujarat Local Laws