STATE OF PUNJAB AND OTHERS versus DEV BRAT SHARMA

STATE OF PUNJAB AND OTHERS versus DEV BRAT SHARMA

The suit was a money suit for damages falling under Section 7(i) of the Court Fees Act, 1870; Section 7(iv) does not apply. Therefore ad valorem court-fees are payable on the amount claimed (Rs.20 lakhs) and the valuation for jurisdiction and court-fees in such money suits must be the same.

Source-derived case information.

Parties
Appellant: State of Punjab and Others; Respondent: Dev Brat Sharma
Jurisdiction
India
Judgment Date
16 March 2022
Procedural Posture
Civil Appeal No. 2064 of 2022 / Appeal to the Supreme Court
Outcome
Appeal allowed; High Court judgment dated 11.08.2017 set aside; Trial Court order dated 10.11.2016 restored
Legal Topics
Computation of Court Fees, Valuation of Suit, Money Suits, Section 7 Court Fees Act, 1870
Court Fees Civil Procedure Computation of Court Fees Valuation of Suit Money Suits Section 7 Court Fees Act, 1870

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Parties

State of Punjab and Others

Appellant

Dev Brat Sharma

Respondent

Procedural Posture

Civil Appeal No. 2064 of 2022 / Appeal to the Supreme Court

Legal Issues

  1. 1 Whether the suit for damages falls under Section 7(i) or Section 7(iv) of the Court Fees Act, 1870
  2. 2 Whether ad valorem court-fees are payable on the amount claimed in a money suit

Ratio Decidendi

The suit was a money suit for damages falling under Section 7(i) of the Court Fees Act, 1870; Section 7(iv) does not apply. Therefore ad valorem court-fees are payable on the amount claimed (Rs.20 lakhs) and the valuation for jurisdiction and court-fees in such money suits must be the same.

Court Disposition

Appeal allowed; High Court judgment dated 11.08.2017 set aside; Trial Court order dated 10.11.2016 restored

Orders

  • High Court judgment dated 11.08.2017 set aside and Trial Court order dated 10.11.2016 restored
  • Plaintiff-respondent to pay court fees on valuation of Rs.20,00,000 (Rs.20 lakhs) within four weeks