In an Uttar Pradesh civil suit, the trial court directs the plaintiff to make good a deficiency in…
Uttar Pradesh section 6-A(1) allows the person directed to make good a court-fee deficiency to appeal as from an order under section 104 of the Code of Civil Procedure.…
Choose your answer
In an Uttar Pradesh civil suit, the trial court directs the plaintiff to make good a deficiency in court fees. What remedy does section 6-A of the Court-fees Act, 1870, as applicable in Uttar Pradesh, expressly provide to the plaintiff against that order?
Answer and explanation
Correct answer A
Uttar Pradesh section 6-A(1) allows the person directed to make good a court-fee deficiency to appeal as from an order under section 104 of the Code of Civil Procedure.
Under section 106 of that Code, the appeal from a trial-court order goes to the court that would hear an appeal from the decree in the suit.
Option feedback
Option A
Section 6-A treats the direction as an order appealable under section 104 of the Code of Civil Procedure. Section 106 identifies the appellate court by the decree route.
Option B
Section 6-A provides a civil appeal and gives the Board of Revenue no revisional role in this proceeding.
Option C
The appellate court sends the Commissioner a copy of the papers under section 6-A(3). That is not a reference filed by the plaintiff.
Option D
Section 6-A provides a direct appeal from the order in the existing litigation.
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Uttar Pradesh Higher Judicial Service