Yes they need to pay the court fees in appeal. 

Nominal court fees have to be paid for filing appeal 

2) don’t pay in cash 

3) you need receipts of having paid Rs 10 lakhs with interest 

4) period of limitation would be extended by period of 3 months due to lock down 

1plaintiff has to pay court fee on the amount to be recovered.

2 its not advisable to give cash payment outside court.

3. The amount has to be paid in execution, and if plaintiff wants to compromise, then his statement to be got recorded in execution that he will not further file appeal and matter stands settled.

4 The limitation is 30 days, but Supreme Court has exrended limitation till further order.

1. Cpurt fee?? No it should not be paid twice. 

2. Give cash but in front of judge.

3. Apply in court to deposit the amount.

4. Limitation period is extended for lockdown period. 

1. For appeal as such no stamp fee is applicable.

2. See you should deposit amount as per the court order. 

3.  You may file application and deposit amount in the court otherwise interest amount will increase.

4. See if they are going for appeal they may file after court starts it's normal function and for delay they may see condonation of delay on ground of pandemic.

1. You do not have to pay ad valorem court fee in civil appeal.

2. It is not advisable to pay in cash. It can be paid online as well.

3. The limitation period for filing of appeal stands extended due to lockdown.

1. It would depend on the Appeal court while granting stay on operation of the judgement impugned in the appeal which is unlikely since the plaintiff gt a favourable decision. 

2. Then the defendant can wait till the plaintiff file execution proceeding wherein the defendant can deposit the money with curt.

3. Plaintiff is not interest in money. SO you send them a notice in registered expressing your willingness to pay the decreetal money.

4. I wonder why you ar thinking about limitation unless you wish to challenge the decision. 

Hi 

1) In law, in an appeal also , stamp duties to the extent of value of dispute are to be paid by the appellant.  So, in your case, either of you going on an appeal need to pay stamp duty to the extent of value of dispute in appeal. 

2) For compliance of order, you need to enclose the DD drawn in favour of court and file a compliance memo in court . The other side should obtain a permission petition for withdrawal and withdraw the monies. Cash paid to parties outside of court are NOT recognised by courts as compliance. 

3) If there are no time limit prescribed by courts for compliance, the party is expected to deposit the monies with in 30 days from date of order or else the party should file petition in court and seek extension of time

4) It is not advisable to wait for execution petition to be filed by winning party as in any execution, the petitioner may ask for attachment of parties . Also if the losing party is filing an appeal, the appellate court will first ask the petitioner to pay part / full sum as ordered by the lower court. So, do not wait for execution petition in case you wish to appeal.  

4) The period under lock down i.e March 25, 2020 to June 6, 2020 has been exempted from lock down as of date by supreme court and hence this lock down period is exempted from Limitation. 

5)  Chances are lock down may be extended till June 30, 2020. So, please check with your lawyer on whether limitation period is extended after June 7 2020 till June

Hope this information is useful. 

Dear Sir,

My answers are as follows:

1. If Plaintiff goes for appeal in high court weather they have to pay fee again...

Ans: Definitely the fee paid  by them in lower court ….the same fee they have to pay in High Court….it is huge amount…and chances of winning for them is very meager because you go only return of your advance amount.

As in JMFC court they paid Aprox 2 Lakh for stamp fee deficits as it was unregistered agreement while registering case in 2011...

Ans: They need to  pay only court fee and not penalty which they have paid for legalizing their unregistered agreement (it was one time)

2.Curently plaintiff is asking to pay them in cash with out depositing to court and treatning if they don't give cash they will go high court appeal

Ans: No you need not pay any cash. Let them go the higher court. You will get at least 2-3 years. There after they have to file Execution Petition in the Trial Court. File caveat petition which entitles you to get intimation from High Court if the other party goes in appeal. Why hurry. Keep that amount in FD and fight with interest part of that.

3.Plaintiff is not ready to put exicuation @ court even after saying we are ready to do one time settlement in court by DD submission

Ans: 60 days is limitation for them to prefer appeal. It seems they are not ready to go in appeal. Let them file Execution.

4.We got Judgement on Jan 10th when will limitation period completes due to covid issues...

Ans: Covid lock down period will be excluded for calculating limitation period.  Any way let them invest and fight. You can fight leisurely. Ultimately the appeal will be dismissed .

Dear Sir,

The limitation expires on 09 April if there was no lockdown but as the lockdown started the number of days of the lockdown will be added in it. You are suggested to ask his bank account number and don't pay in cash. Even the payment above Rs. 2 Lac is not permitted to be given in cash. 

1. No, for an appeal the plaintiff have not to pay the court fee again 

- Since, there was deficits of court fees, hence there is chances not to heard the appeal without paying the same .

- Under Section 49 of the Registration Act,  an unregistered agreement to sale is not admissible in evidence. 

2. The defendant should pay any amount before the court, and should wait for the outcome of the execution petition at least. 

3. If the defendants want to settle the dispute after making payment , this payment must not be in cash , or if in cash it must be before the court, , otherwise , even an agreement outside the court is not valid. 

4. Challenge the decision of the court , 

- Yes, the limitation period for all the cases/judgement extended for further direction of the Supreme Court. 

Yes.

Let them go in appeal, good for you. Don`t pay in cash. Either cheque/DD or NEFT. If not accepts, deposit in court.

Limitation to file apple is 90 days. 65 days already passed. As SC will lift limitation bar, more 25 days to to file appeal.

If you want to return the amount as per order of court, can deposit in court or NEFT to plaintiff account.

1. Yes, the plaintiff has to pay the court fee again if he wants to prefer an appeal to the extent of the same amount that was paid in the trial court.

2. You do not have to budge to any such pressure, let him  go to high court, and let the high court decide the case, you can obey the court order accordingly, however by approaching high court the plaintiff would be wasting another five years to get a favorable reply in the present situation.

Hence you can ask him to proceed.

3. The plaintiff cannot dictate terms on you, he may have to go by the court order, if not, you may refuse to accept his dictates.

4. There is no question of limitation.

If you want to pay the mount you can do it now or wait for him to file an execution petition.

1. No he don't have to pay court fees again. 

2. No need to pay cash amount, Make application in court for payment of judgment amount to plaintiff. 

3. plaintiff may be trying to claim extra amount by Filing execution after receiving cash from you. 

yes you have to pay nominal fees. 

it can be pay online or through DD. 

due to lockdown Period of Limitations is extended. 

1. Yes they will have to pay the deficit fees.

2. Threaten in what sense ??

3. If you wish to settle the matter then might as well settle it out if court due to COVID-19 situation in courts is very bad.

Your lawyer interpretation is correct plaintiff can file appeal or accept amount awarded by trial  court 

Appeal can be made for increased amount also but there are maximum chances that it will not work.

The plaintiff has to prefer an appeal before the high court if he wants to seek higher rate of interest.

For seeking earlier payment, he has to file an execution petition to recover the said amount as per judgment 

I wonder when you are willing to make the payment and not interest in preferring the appeal  then why in stead of not deposing the money in court running after the advocates.

File an application in the same court and seek direction where and how to deposit the money. Your problem would be solved.

Yes plantiff can go to appeallate court it's his right

your lawyer explanation is correct. 

1. The plaintiff can file execution for the recovery of amount or may file an appeal seeking specific performance since his suit is dismissed.

1. Unless I read the judgment I cannot speak on it.

2. However, from what you have stated, it appears that suit has been decreed in part as the court has held that plaintiff is entitled to recover the advance of 10 lakhs with interest @ 9 % p.a. Hence, the plaintiff is free to file an appeal qua the first issue of specific performace which has been decided against him.

Reply to your first Post:

1) The Appellant / Plaintiff has to pay nominal court fee on the Appeal to the tune of challenging the quantum decided by JMFC.

2) You should not pay any money in CASH.  Better pay through Bank / RTGS / DD or Cheque only.  Further, you have to obtain receipt to against the money paid by you.

3) You can file Memo in court informing court about your readiness. 

4) Period of limitation is extended due to Lock Down.

Reply to your second Post:

Your Lawyer informed you correct status of your case.

a) Appellant / Plaintiff can file appeal with respect to finding of JMFC court's Judgment.

b) The advance paid is directed to be repaid with interest @ 9% pa.

Your Lawyer is correct.

Dear Sir,

It is suggested that if you wish, you may go for the appeal for reduction of rate of interests.  

Case is dismiss means, Plaintiff can appeal agasint the dismissal order for enforcement of contract + high interest. If you are not challenging the refund order, than make the payment as per order and feel free.

1. The plaintiff has a right to file appeal against the part of judgement, whereby his suit for specific performance has been dismissed, in that eventuality, he has to again pay court fee on total sale consideration.

2. The defendant has right to file appeal against judgement of recovery.

You should file for execution if they are not complying with the court orders.

If you have no problem in taking cash then go ahead.

Yes he is right. You may only take the amount with interest. Or go to the higher court for more interest.