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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Paramjit Singh – Appellant
Versus
Kamaljit Singh – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J (ORAL)
CM-3603-CII-2023
The present application has been preferred under Section 151 CPC read with Section 5 of the Limitation Act for condonation of delay of 40 days in filing the petition.
As the present revision petition has been filed under Article 227 of the Constitution of India, there would be no requirement of filing an application for condonation of delay as there is no period of limitation fixed for preferring a petition under Article 227 of the Constitution of India.
The application is accordingly disposed of.
CR No.1248 of 2023
The present revision petition is directed against the order dated
16.08.2022 (Annexure P-4) passed by the Court of Civil Judge (Senior Division), Fatehgarh Sahib, vide which the application filed by the petitioner-defendant under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short ‘CPC’) was rejected.
2. The facts, as emanating from the revision petition, are that a civil suit for recovery claiming Rs. 1,50,000/- as damage to reputation, defamation etc. was filed by the respondent-plaintiff against the petitioners- defendants. During the pendency of the suit, an application under Order 7 Rule 11 CPC for rejection
Ad valorem court fees must be paid on liquidated damages claimed, as clarified under the Court Fees Act, contradicting the trial court's erroneous dismissal of the plaint rejecting application.
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 ....
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.
In suits for damages, the Court fee must be paid according to the amount claimed, as established by the Court Fees Act, 1870 and supported by precedent.
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.
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.
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