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2023 Supreme(P&H) 2789

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

Advocates Appeared:
Mr.B.S.Mittal, Advocate; For the Petitioner
Mr.P.S.Jammu, Advocate for Respondent No.1.

Headnote:(A) Constitution of India - Article 227 - Court Fees Act, 1870 - Section 7(i) - Revision petition against dismissal of application for rejection of plaint in defamation suit - Plaintiff claims Rs.60 lakh as compensation for malicious prosecution. The Court concluded that the suit was for recovery of a specific amount under the guise of a declaratory suit and confirmed that ad valorem court fees are payable as per the specified damages. (Paras 12, 19)

(B) Court Fees - Calculation of court fees in suits for money - Court fees must correlate to the amount claimed in actions for damages or compensation under the Court Fees Act. (Paras 12, 19)

Facts of the case:
The petitioner challenged a lower court's order dismissing an application for rejection of the plaint, where plaintiff sought Rs.60 lakh for defamation from the defendants, implying malicious prosecution through deceitful representations concerning a marriage proposal. (Paras 3-5)

Findings of Court:
The suit was characterized as a money recovery action rather than merely declaratory; hence, ad valorem court fees were mandated based on the claimed amount. (Paras 19, 20)

Issues: The primary issue revolved around the correct characterization of the suit and the applicability of court fees, focusing on the entitlement of the plaintiff to recover the asserted damages.

Ratio Decidendi: The Court ruled that the suit should be treated as one for the recovery of a specified sum, confirming the necessity of ad valorem court fees based on the amount claimed, dismissing attempts to present it as merely declaratory. (Paras 19, 20)

Result: Revision petition allowed; impugned order set aside and plaintiff directed to pay ad valorem court fees.

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:-

    "8. That in this way defendant no. 1 as well as other defendants have made false statements/wording for proposal of marriage to the plaintiff as well as his family members, have not only caused unnecessarily harassment, humiliation to the plaintiff but also have shattered/harm the personal image and reputation of the plaintiff as well as his family. Besides the defamation of plaintiff amongst the public and societies at large the plaintiff and his family members humilia

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