IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI, J.
Rattan Lal Joshi – Petitioner
Versus
Mahesh Kumar Tiwari & Ors. – Respondents
CR-1506 of 2020 (O&M)
Decided On : 25-04-2023
| Table of Content |
|---|
| 1. claim for defamation and compensation. (Para 3 , 4 , 5 , 6 , 7) |
| 2. dispute over appropriate court fee classification. (Para 10 , 11) |
| 3. court fee must reflect damages claimed. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. revision petition allowed; court fee application successful. (Para 20) |
JUDGMENT
Archana Puri, J.
Through the present revision petition filed under Article 227 of Constitution of India, the petitioner has challenged the order dated 31.10.2019 (Annexure P-3) passed by learned Civil Judge (Jr. Divn.), whereby, application filed by the petitioner-defendant No.1 under Order 7, Rule 11 CPC, has been dismissed.
2. For the convenience of the discussion, the parties are referred to as plaintiff and defendants, as making appearance before the Court below.
3. Plaintiff-respondent Mahesh Kumar Tiwari had filed a suit against defendant-petitioner Rattan Lal Joshi and others, thereby, seeking declaration to the effect that the plaintiff is entitled for recovery of Rs.60 lakh, on account of compensation for defamation, from the defendants and they are legally bound to pay the same to the plaintiff, on the basis of oral as well as documentary evidence.
4. It is asserted in the plaint that plaintiff knew defendant No.1, being member of Sharma community and society and defendant No.1 facilitated the performance of marriage of son of the plaintiff with defendant No.3-Nikhila, who is daughter of defendant No.2 and stated her date of birth to be 31.01.1990. Furthermore, he had also asserted about Nikhila to be graduate in commerce and further also projected defendant No.2, to be having reputed service in bank and having own permanent residence in front of Bhadu Petrol Pump, Gaushala Road, Abohar. Defendants No.1 and 2 also stated that their daughter has a good ideology maintaining the household establishment as well as family relationship with all members and relatives. Further, it is averred that defendants No.2 to 7 and their family members started misbehaving and interfering in daily routine work of the plaintiff and his family members. They started extending threats to the plaintiff. Thereafter, while narrating the cruelty, further, it has also been averred that date of birth of Nikhila had been wrongly projected by defendant No.1 as 31.01.1990, whereas, as per educational certificate, aadhaar card, primary certificate and FIR No.11/2018, the date of birth is stated to be 31.01.1990, 03.04.1990, 13.01.1992 and 1996 respectively. Thus, the act done by defendant No.1, as well as other defendants, is an act of fraud and cheating with false statement made by defendants to cheat and humiliate the plaintiff. Furthermore, it is also averred in the plaint that defendant No.2 was not having a permanent employment in reputed bank and also not having own residential house in front of Bhadu Petrol Pump, Gaudhala road, Abohar, as projected by defendant No.1, on the first proposal of the marriage, put forth before the plaintiff. This shows that false and frivolous facts were put forth with malafide intention by defendant No.1 and made the proposal of marriage of defendant No.3 to the plaintiff's son. Also, it has been averred that false statement/wording for the proposal of marriage having made by defendant No.1 as well as other defendants, has caused unnecessary harassment and humiliation to the plaintiff and also has shattered/harmed the personal image of the plaintiff as well as his family.
5. In paragraph 8 of the plaint, it is averred, as herein given:-
State of Punjab v. Jagdip Singh Chowhan
Amandeep Sidhu v. M/s Ultratech Cement Limited
A suit for monetary damages, such as for defamation, necessitates payment of ad valorem court fees based on the claimed amount, as clarified by Section 7(i) of the Court Fees Act.
Court fees for defamation suits must be paid ad valorem based on the claimed damage amounts, prohibiting arbitrary lower valuations prior to final adjudication.
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....
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.
In suits for damages, court fees must be calculated on the amount claimed as per Section 7 of the Court Fee Act, and the limitation period for malicious prosecution claims starts upon final judgment ....
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....
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