High CourtsSingle Bench(2013) 09 P&H CK 0260

Geeta Vasdev and Others vs Jiwan Modi and Others

Punjab And Haryana At Chandigarh · Decided on 9 September 2013

HON’BLE JUDGES
Paramjeet Singh, J
RESULT
Dismissed
CASE NUMBER
C.R. No. 5449 of 2013

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Judgment

5 paragraphs · 239 words

Paramjeet Singh, J.—Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 20.08.2013 (Annexure P/4) passed by learned Civil Judge (Junior Division) Ludhiana, whereby on the application of respondents-defendants under Order 7 Rule 11 CPC, the petitioners-plaintiffs have been directed to pay ad valorem court fee on the amount claimed. Heard.

2.

From the perusal of the impugned order (Annexure P/4) as well as plaint (Annexure P/1), it is clear that the specific amount of damages has been claimed. Para no. 10 of the plaint (Annexure P/1) reads as under:-

10.

That the defendants kept the plaintiffs in illegal confinement from 3.9.11 to 7.9.11. In this way the loss suffered by the plaintiffs is uncalculated as the liberty was totally taken away from the plaintiffs by the defendants from 3.9.11 to 7.9.11. However, the plaintiffs are claiming damages only to the tune of Rs. 50,00,000/- along with interest at the rate of 18% per annum from the date of the filing of the suit till its realization.

3.

In view of this, the petitioners are bound to pay ad valorem court fee at the specific amount claimed by the petitioners. The matter is squarely covered by the judgment of this Court in R.S. Malik Vs. Krishan Mohan, IAS and Others

4.

In view of the above, I do not find any illegality or perversity in the impugned order. Dismissed.