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ANIL KSHETARPAL
Sunita Jain – Appellant
Versus
P. L. Steel Industries – Respondent
ANIL KSHETARPAL, J.
1. The challenge is to the correctness of the order passed by the trial Court directing the plaintiff to pay ad valorem court fee on the quantified amount of ?20,00,000/- which has been assessed as damages (tentatively) by the plaintiff.
2. Some facts are required to be noticed to comprehend the controversy involved in the present revision petition. The plaintiff (petitioner herein) filed a suit for grant of decree for recovery of ?20,00,000/- tentatively, as damages along with the pendente lite and future interest @ 18% per annum. He valued the suit for the purpose of jurisdiction at ? 500/- tentatively upon which a court fee of ?50/- was affixed. Upon the filing of an application by the defendant No.4 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the CPC”), the Court found that the plaintiff is required to pay ad valorem court fee on the amount of compensation claimed in terms of the judgment passed by the Supreme court in State of Punjab and Others v. Dev Brat Sharma 2022(2) RCR (Civil) 464.
3. Heard the learned counsel representing the parties at length and with their able assistance, perused the paper book.
4. The lea
Ad valorem court fee is payable on the amount claimed in a money suit, irrespective of the final determination by the Court.
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 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 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 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....
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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