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ALKA SARIN
Bajrang Dass @ Kalu Ram – Appellant
Versus
Kiran – Respondent
ALKA SARIN, J.
1. The present revision petition has been filed for setting aside the order dated 30.09.2019 vide which the plaintiff-petitioner has been directed to pay ad valorem court fees on Rs.5,00,000/-, the amount sought as damages/compensation.
2. The brief facts relevant to the present lis are that the plaintiff-petitioner filed a suit for declaration to the effect that he is entitled to damages/compensation to the tune of atleast Rs.5,00,000/- from the defendant-respondent for causing physical and mental harassment to the plaintiff-petitioner for involving him in a false and baseless litigation. The prayer clause of the suit reads as under :
“14. It is, therefore, prayed that a decree for declaration to the effect that the plaintiff is entitled to the compensation/damages to the tune of at least Rs. Five lacs from the defendant, for causing physical and mental harassment to these plaintiff by involving him into false and baseless litigation, in a petition bearing CNR No.HRSIB10000962014, in Crl Petition No.83-2 of 2014 filed by the defendant against the plaintiff and others titled as Kiran Vs Sushil Kumar etc. under the provisions of Protection of Women from Domestic Violence
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 in the judgment is that in Suits claiming damages, the court fee payable is ad valorem according to the amount claimed, and plaintiffs cannot arbitrarily value the re....
Court fees for defamation suits must be paid ad valorem based on the claimed damage amounts, prohibiting arbitrary lower valuations prior to final adjudication.
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.
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.
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