RAMESH CHANDRA Vs. GHANSHYAMDAS & ORS.

JUDGEMENT

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

(2.) LEARNED counsel for the appellant submits that the affidavit filed by the appellant is notarised, therefore, no judicial stamp is necessary.

(3.) 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.