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ARCHANA PURI
Surender Kumar @ Salender Kumar – Appellant
Versus
Abid Khan – Respondent
JUDGMENT
Archana Puri, J. - Through the present Civil Revision petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 13.05.2022 (Annexure P-4), passed by learned Civil Judge (Junior Division), whereby the petitioner has been directed to pay ad valorem Court fee, within a period of two months from the date of passing of the order.
2. For convenience of discussion, the parties are being referred as they have made appearance before learned trial Court.
3. The material facts to be taken into consideration are as follows:-
Plaintiff filed a suit for declaration with mandatory injunction against the defendants and as per pleaded version of the plaintiff, he had a plot measuring 56 ft. x 48 ft. i.e. 2688 sq. feet, situated at Village Khanpur Jattan, Tehsil Shahabad Markanda, District Kurukshetra, within abadi deh (lal dora) of village Khanpur Jattan.
4. Defendant No.1, Abid Khan, was engaged for construction of the said house in the year 2017 on contract basis, at the rate of Rs.110/- per sq. feet, for all kind of construction. The plaintiff, who is petitioner herein purchased the cement for use in the above said construction of the house
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....
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.
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....
Ad valorem court fee is payable on the amount claimed in a money suit, irrespective of the final determination by the Court.
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 ....
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