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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI
Kultar Singh – Appellant
Versus
Mann Singh Thakur – Respondent
JUDGMENT :
ARCHANA PURI, J.
1.The petitioners have invoked the jurisdiction of this Court under Article 227 of the Constitution of India, thereby, making prayer for setting aside of the order dated 17.08.2017 (Annexure P-1) passed by learned trial Court, whereby, an application under Order 7 Rule 11 CPC filed by the petitioners (defendants before learned trial Court) for rejecting the plaint, was dismissed and also sought setting aside of the order dated 31.03.2018 (Annexure P-3) passed by learned trial Court, in the same suit, whereby, another application under Order 7 Rule 11 CPC, filed at the instance of the petitioners-defendants, for rejection of plaint, being time barred, was dismissed.
2. In pursuance of the notice issued, respondent (plaintiff before learned trial Court) made appearance through counsel.
3. Learned counsel for the parties heard.
4. The parties are referred to as making appearance before learned trial Court.
5. The material facts, to be noticed, as culled out from the paperbook are as follows:-
6. That, initially, the plaintiff had filed a suit against the petitioners- defendants, for recovery of damages to the extent of Rs.5,00,000/-. The defendants made appearance
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 ....
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.
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 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.
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.
The court emphasized the importance of jurisdiction and the limitations on the defendant's right to move superior courts against the order adjudging payment of court-fee payable on the plaint.
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