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MEENAKSHI I. MEHTA
Mrs. Manjit Kaul – Appellant
Versus
Mr. Anil Kumar – Respondent
JUDGMENT
Meenakshi I. Mehta, J. (Oral). - Feeling aggrieved by the order dated 14.03.2022 (Annexure P-3) passed by learned Additional Civil Judge (Senior Division), Kapurthala (for short 'the trial Court') whereby the application moved by the respondent-defendant (here-in-after to be referred as 'the defendant') under Order 7 Rule 11 read with Section 151 CPC for seeking the rejection of the plaint, has been disposed of while observing that the petitioner-plaintiff (here-in-after to be referred as 'the plaintiff') is liable to pay the ad-valorem court fee qua the relief of recovery of Rs. 10 lac, she (plaintiff) has preferred the instant revision petition.
2. I have heard learned counsel for the petitioner-plaintiff in the present revision petition and have also perused the file carefully.
3. Learned counsel for the plaintiff contends that the plaintiff is ready to affix the proper court fee on the plaint at the time of final decision of the civil suit filed by her against the defendant and therefore, the impugned order requiring her at the very initial stage in the suit, to affix the ad-valorem court fee on the amount of the damages claimed by her, is not legally sustainable and dese
In suits for money, including suits for damages, the ad-valorem court fee payable shall be computed according to the amount claimed, as per Section 7 (i) of the Court Fees Act, 1870.
In suits for damages, the Court fee must be paid according to the amount claimed, as established by the Court Fees Act, 1870 and supported by precedent.
Ad valorem Court fee must be assessed on the quantified damages claimed in a suit, as established in State of Punjab and others v. Dev Brat Sharma.
The court emphasized the importance of jurisdiction and the limitations on the defendant's right to move superior courts against the order adjudging payment of court-fee payable on the plaint.
In suits for damages, court fees must be calculated on the amount claimed as per Section 7 of the Court Fee Act, and the limitation period for malicious prosecution claims starts upon final judgment ....
Ad valorem court fee is payable on the amount claimed in a money suit, irrespective of the final determination by the Court.
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