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SUPREME COURT OF INDIA
B.S. Chauhan, Dipak Misra, JJ.
State of Punjab - Appellant
Versus
Jagdip Singh Chowhan & Ors. - Respondents
Civil Appeal No(S). 3987 of 2006
Decided On : 29-05-2012
Court Fee - Malicious Prosecution - The court allowed the plaintiff to pay court fee on the tentative valuation of the suit for the purpose of court fees, considering that in a suit for malicious prosecution, ad valorem court fee is payable. The respondent was granted liberty to file the requisite amendment to bring the plaint in order.
Fact of the Case:
The appeal was against the order permitting the plaintiffs to pay court fee on the tentative valuation of the suit for the purpose of court fees, despite seeking a decree for a much higher amount.
Finding of the Court:
The court set aside the order passed by the learned Single Judge and granted the respondent liberty to file the requisite amendment to bring the plaint in order, disposing of the appeal with no order as to costs.
Issues:
Ratio Decidendi: In a suit for malicious prosecution, ad valorem court fee is payable. The court allowed the plaintiff to file an application for amendment to bring the plaint in order.
Final Decision: The appeal was disposed of with no order as to costs.
ORDER :
1. The present appeal is directed against the order dated 14.10.2004 passed by the learned Single Judge of the High Court of Punjab and Haryana in C.R.No.2933/2004 whereby the High Court has permitted the plaintiffs (respondent herein) to pay the court fee on the tentative valuation of the suit for the purpose of court fees.
2. It is worth noting, for the said purpose the suit was valued at Rs.1,43,000/- though a decree was sought for Rs.two crores approximately. There can be no dispute that in a suit for malicious prosecution, ad valorem court fee is payable. Faced with this situation, the learned counsel for the respondent No.1 could only state that he will file an application for amendment before the trial Court either restricting his claim to the amount on which the court fee has been paid or may enhance the claim beyond the said amount and will pay the ad valorem court fee on the same. Recording such statement of respondent No.1, we set aside the order passed by the learned Single Judge and grant him liberty to file the requisite amendment to bring the plaint in order.
3. The appeal is accordingly disposed of with no order as to costs.
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