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2023 Supreme(P&H) 642

ANIL KSHETARPAL
Sunita Jain – Appellant
Versus
P. L. Steel Industries – Respondent


Advocates appeared:
Mr. Viren Jain, Ms. Komal Jit Kaur and Ms. Tarranum Madan, Advocates for the petitioner(s).
Mr. Atul Goyal, Advocate for the 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

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