Jatinder Nath Sharma and another vs Vijay Gupta and another

Vinod K. Sharma, J. (Oral)

This revision petition has been filed against an order passed by the learned Civil Judge (Junior Division), Ambala directing the petitioners to make good the courtfee on the damages claimed by them.

The petitioners in their suit had assessed the damages to be Rs. 10 lacs. However, no courtfee was paid on the said amount. Learned counsel for the petitioners contended that the suit was merely for declaration and therefore, a fixed courtfee was liable to be paid.

Learned counsel for the petitioners further contended that the valuation of suit for the purposes of courtfee as assessed by the plaintiff cannot be disputed and for the said purpose placed reliance on the judgment of this Court in Hem Raj v. Harchet Singh and others, 1993 Civil Court Cases 48.

I have considered the argument raised by the learned counsel for the petitioners and find no force in the same. The assessment of the damages had been made by the petitioners in the suit and therefore, they were liable to pay the courtfee as directed by the learned trial Court. The reliance of the learned counsel for the petitioners on the judgment in Hem Raj''s case (supra) is also misconceived as in the present case the Court has not disputed the assessment made by the plaintiff but has merely ordered the petitioners to pay the requisite courtfee on the amount claimed as damages.

Therefore, there is no merit in the present revision petition and the same is dismissed.