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NEENA BANSAL KRISHNA
Rajinder Singh Bhatia – Appellant
Versus
Manju Bhati – Respondent
JUDGMENT
I.A. 5682/2022 (For Rejection of the Suit)
1. An application under Order VII Rule 11 CPC, has been filed on behalf of defendant for rejection of the plaint on account of payment of deficient court fees.
2. It is submitted that the plaintiff has filed a suit for Permanent and Mandatory Injunction and has valued his suit for Rs.2.5 crores for the purpose of jurisdiction. However, he has paid the fixed court fee for Mandatory and Permanent Injunction by fixing the valuation at Rs.500/- each. It is asserted that once the valuation of the suit property has been fixed at Rs. 2.5 crores, the court fee also has to be necessarily paid on the same amount. Therefore, the plaint is liable to be rejected on account of deficient court fee. The defendant has relied upon the case of Bharat Sanchar Nigam Ltd. vs. All India Bharat Sanchar Nigam Executives' Association (Regd.) & Ors. CS(OS) No.689/2004 decided on 12th January, 2006.
4. The plaintiff in his reply has submitted that the suit has been correctly valued for the purpose of jurisdiction and court fee has been paid correctly and there is not merit in the application.
5. In support of his assertions, the plaintiff has relied upon the case
The appellant has the right to decide the value of the suit, but the court fee must be paid on the same amount as the valuation for jurisdiction. If the trial court finds a deficit in court fee, it s....
The nature of relief determines the court fee payable, and the plaintiff has the discretion to value the suit according to its own estimation, unless it is found to be fixed arbitrarily and with mala....
The main legal point established is that unquantified relief for damages in a civil suit requires ad-valorem court fee according to Section 7(i) of the Court Fees Act, 1870.
Valuation of suit – It is nature of relief claimed in plaint which is decisive of question of suit valuation – Market value does not become decisive of suit valuation merely because an immovable prop....
The valuation of damages in a suit is tentative when the exact value of the relief cannot be ascertained, and the court fee is a matter between the plaintiff and the state, to be paid as assessed aft....
The valuation of the suit property and the court fee to be paid are matters of trial and the defendants shall be at liberty to lead evidence at that stage. While deciding an application under Order V....
Point of law: Court Fee - It is evident that the Court has to find cut that the claim is under valued. Then at least require the plaintiff to correct the valuation and fix a time to pay deficit Court....
It is the settled position that the relief of injunction under Section 26(c) of the Act has to be valued on the basis of the advantage sought to be derived or the loss to be averted by the plaintiff.
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