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FATEH DEEP SINGH
Sandeep Kumar Verma – Appellant
Versus
Narinder Pal Singh Judge – Respondent
JUDGMENT
Fateh Deep Singh, J. (Oral) - The short point involved in this revision petition under Article 227 of the Constitution of India is over an order dated 05.12.2017 (Annexure P-1) passed by the Court of learned Additional Civil Judge, Senior Division, Jalandhar, wherein a suit for recovery of Rs.50 lacs as compensation anddamages on account of harassment and loss of income etc., has been filed. The plaintiff had tried to evade his obligation of affixing Court fees and have valued the suit tentatively to the tune of Rs.500/- and an application under Order 7 Rule 11 CPC has been moved by the defendants for rejection of the plaint and it was vide order dated 05.12.2017 (Annexure P-1), the Court of learned Additional Civil Judge, Jalandhar directed the plaintiff to affix advalorem court fee on the plaint which is subject matter of present challenge.
2. Heard counsel for the parties and perused the records.
3. Appreciating the submissions of the two sides though on behalf of the revisionist Mr. Jagjot Singh Lalli has placed reliance on Sri Rathnavarmaraja Vs. Vimla 1961 AIR (SC) 1299, Subhash Chander Goel Vs. Harvind Saqar 2003 AIR (Punjab) 248, Saleem Vs. Usman Gani and another 2015
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.
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.
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 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.
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