Ramesh Kumar vs Deepak Mahajan & Ors
2023 Latest Caselaw 21917 P&H

Punjab-Haryana High Court

Ramesh Kumar vs Deepak Mahajan & Ors on 14 December, 2023

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                                         Neutral Citation No:=2023:PHHC:160460




C.R. No.8009 of 2018 (O&M)             -1-              2023:PHHC:160460

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                               C.R. No.8009 of 2018 (O&M)
                                                Date of Order:14.12.2023

Ramesh Kumar
                                                                     .Petitioner
                                   Versus

Deepak Mahajan and others                                       ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Ajay Pal Singh Rehan, Advocate for the petitioner.

Mr. Vishal Gupta, Advocate for the respondents.

ANIL KSHETARPAL, J

1. In this revision petition, the dispute is with regard to liability of

the plaintiff to affix the ad-valorem court fee of Rs.1,00,00,000/- (amount of

damages).

2. The trial court has dismissed the defendant's application on the

ground that the plaintiff can be called upon to pay the ad-valorem court fee

as and when the suit is decided.

3. In fact, the matter in issue is covered by the recent judgment

passed by the Supreme Court in State of Punjab and others vs. Dev Brat

Sharma, 2022(2) RCR (Civil) 464. In the aforesaid case, the Supreme

Court has overruled various judgments passed by the Court and held that

once the plaintiff has specified the amount which is being claimed as

damages and compensation, then the ad-valorem court fee on the aforesaid

amount is payable.

4. Keeping in view the aforesaid facts and discussion, the

impugned order is set aside. The plaintiff has been granted one month's time

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Neutral Citation No:=2023:PHHC:160460

C.R. No.8009 of 2018 (O&M) -2- 2023:PHHC:160460

to make good the deficiency in the court fee, failing which the suit filed by

the plaintiff shall be dismissed.

5. With these observations, the revision petition is disposed of.

6. All the pending miscellaneous applications, if any, are also disposed

of.

December 14, 2023                                    (ANIL KSHETARPAL)
nt                                                        JUDGE


Whether speaking/reasoned              :YES/NO
Whether reportable                     :YES/NO

Neutral Citation No:=2023:PHHC:160460

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