Based on the provided legal document, the key points are as follows: The case involves a revision petition challenging an order that directed the plaintiff to pay the appropriate Court fee based on the amount claimed in a suit for damages (!) (!) . The plaintiff, Tarsem Lal, filed a suit claiming damages of Rs.20 lakh due to physical and mental harassment, but paid only Rs.50 as Court fee, which was deemed undervalued (!) (!) . The defendants filed an application under Order 7, Rule 11 CPC, seeking rejection of the plaint for non-payment of ad valorem Court fee, arguing that the suit's claim was undervalued and that the Court fee must correspond to the amount claimed (!) . The Court held that in suits for damages or recovery of money, the Court fee must be paid according to the amount claimed, as mandated by the relevant statutes (!) (!) . The Court found that the suit was for a specified amount of damages and, therefore, the ad valorem Court fee was required to be paid on that amount (!) . The Court reaffirmed the principle that the Court fee should match the amount claimed in money suits, supporting this with applicable legal provisions (!) (!) . The order directing the plaintiff to pay the proper Court fee was upheld, and the revision petition was dismissed as meritless (!) . The overall decision emphasizes that the Court fee must be paid in accordance with the claim amount in suits for damages, and failure to do so can lead to rejection of the plaint (!) (!) . Please let me know if you need further analysis or assistance related to this case.

Tarsem Lal vs Kuldeep Kumar - 2023 Supreme(P&H) 2794

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2794

ARCHANA PURI
Tarsem Lal – Appellant
Versus
Kuldeep Kumar – Respondent

Advocates Appeared:
Mr.Aditya Dassaur, Advocate; For the Petitioner
Mr.Sukhdev S. Kanwal, Advocate; For the Respondents

Judgement Key Points

Based on the provided legal document, the key points are as follows:

The case involves a revision petition challenging an order that directed the plaintiff to pay the appropriate Court fee based on the amount claimed in a suit for damages (!) (!) .
The plaintiff, Tarsem Lal, filed a suit claiming damages of Rs.20 lakh due to physical and mental harassment, but paid only Rs.50 as Court fee, which was deemed undervalued (!) (!) .
The defendants filed an application under Order 7, Rule 11 CPC, seeking rejection of the plaint for non-payment of ad valorem Court fee, arguing that the suit's claim was undervalued and that the Court fee must correspond to the amount claimed (!) .
The Court held that in suits for damages or recovery of money, the Court fee must be paid according to the amount claimed, as mandated by the relevant statutes (!) (!) .
The Court found that the suit was for a specified amount of damages and, therefore, the ad valorem Court fee was required to be paid on that amount (!) .
The Court reaffirmed the principle that the Court fee should match the amount claimed in money suits, supporting this with applicable legal provisions (!) (!) .
The order directing the plaintiff to pay the proper Court fee was upheld, and the revision petition was dismissed as meritless (!) .
The overall decision emphasizes that the Court fee must be paid in accordance with the claim amount in suits for damages, and failure to do so can lead to rejection of the plaint (!) (!) .

Please let me know if you need further analysis or assistance related to this case.

JUDGMENT

Archana Puri, J.

Through the present revision petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 19.04.2022 passed by learned Court below, whereby, an application under Order 7, Rule 11 CPC, filed for seeking rejection of plaint, in the event of non-payment of ad valorem Court fee, has been allowed.

2. In pursuance to the notice issued, the respondents have made appearance through counsel.

3. Learned counsel for the parties heard.

4. For the convenience of the discussion, the parties are referred to as plaintiff and defendants, as making appearance before learned lower Court.

5. The essential facts to be taken into consideration for the disposal of the present case are as herein, given:-

That, initially, plaintiff-Tarsem Lal had filed a suit for seeking recovery of Rs.20 lakh, as damages, on account of physical and mental harassment, agony/defamation of the plaintiff.

6. The defendants, after making appearance, had filed an application under Order 7, Rule 11 CPC, thereby, directing the plaintiff to pay ad valorem Court fee, failing which, sought rejection of the plaint. In the said application, it has been submitted

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