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ARCHANA PURI
Rattan Lal Joshi – Appellant
Versus
Mahesh Kumar Tiwari – Respondent
| 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 as
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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