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FATEH DEEP SINGH
Roshani Devi – Appellant
Versus
Ravinder Kumar – Respondent
JUDGMENT
Fateh Deep Singh, J. - Plaintiff Roshani Devi (now petitioner) had instituted a suit for mandatory injunction seeking decree to execute and register the sale deed of land detailed and described in the suit and in the alternative seeking recovery of Rs. 33,14,500/- along with interest @ 2% per month from the date of sale deed till its realization. It was on the application of the defendant seeking direction to the plaintiff petitioner to affix ad-valorem Court fees, the plaintiff had taken the plea in her reply denying the contentions and taking the plea that she had sought in the alternative relief and therefore no Court fee is required to be affixed by way of alternative relief. The Court of learned Civil Judge (Junior Division), Kurukshetra vide orders dated 07.12.2015 directed the plaintiff todeposit the ad-valorem Court fees and that is how the present civil revision petition has come about.
2. Upon hearing Mr. R.S. Longia, Advocate for the petitioner; Mr. Aayush Gupta, Advocate for respondents No.2 to 4 and perusal of the records.
3. The provisions of Section 7 (i) of the Court Fees Act, 1870 (in short, 'the Act') which are reproduced below to lay emphasis, ensures that
The main legal point established is that the plaintiff's alternative relief for recovery of a fixed amount should be treated as a suit for money, and ad-valorem Court fees are required to be affixed ....
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.
The main legal point established in the judgment is that the nature of the relief sought in a suit determines the applicable court fee, and if the suit is in fact for recovery of a specified amount o....
Plaintiffs, as executants of sale deeds, are required to seek cancellation of the deeds and affix ad-valorem court-fee as per the sale consideration mentioned in the deeds, even when seeking a declar....
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....
In a suit for recovery of damages, the plaintiff is required to pay court fees according to the amount claimed, as mandated by the provisions of the Court Fees Act.
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