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2004 Supreme(P&H) 1176

K.S.GAREWAL
State Of Punjab – Appellant
Versus
Jagdip Singh Chowhan – Respondent


Judgment

K.S.Garewal, J.

1. State of Punjab and 15 others have filed this revision petition against the order of the learned Civil Judge (Junior Division), Chandigarh dated May 12, 2004 to challenge the dismissal of an application filed by the petitioners (defendants before the trial Court) under Order VII Rule 11 Civil Procedure Code for rejection of the plaint on the ground that it had been under-valued for the purposes of court fees.

2. Jagdip Singh Chowhan has filed the suit for recovery of Rs. 2,01,43,000.00, Rs. 2.00 crores has been claimed as damages for malicious prosecution and Rs. 1.43 lacs as expenses. The suit has been valued for the purposes of jurisdiction at Rs. 2,01,43,000.00. However, value for purposes of court-fees has been assessed at Rs. 1.93 lacs. Out of this Rs. 1.43 lacs is for recovery of expenses and Rs. 50,000.00 is the tentative value of damages. Accordingly, court-fees affixed is Rs. 3900/- and Rs. 2850, respectively on the two reliefs. Court-fees of Rs. 19.50 has been affixed for future damages. The plaintiff has undertaken to deposit the requisite court-fees on the amount of Rs. 2.00 crores, claimed as damages, as and when the Court would deem it fit a












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