Court fee valuation need to be actual in nture & not arbitrarily low held, HC
Court fee valuation need to be actual in nture & not arbitrarily low held, HC
Defendants caused monetary loss by negligent act of installation of wires. Plaintiff filed suit for damages. Trial court directed to pay 35L as ad vole rem duty. On appeal HC held, case must be considered on what is averred in plaint & averment in plaint admits of no ambiguity of what plaintiff was claiming & what approximation he was making. Court fee valuation need to pertain to actual valuation & not arbitrarily low in manner as adopted.-500325
Facts in brief:
1. The revision petition is against the order passed by the trial Court directing the plaintiff to pay ad valorem court fee for ` 35 lacs which he has made reference in the suit as damages caused by the defendant company.
2. The suit is for damages against the defendants for allegedly causing monetary loss by their negligent act of installation of the wires of the 2nd defendant company in front of the premises of the plaintiff and it has also caused demolition of the basement of the premises of the plaintiff thereby giving mental torture and spoiling the business of the plaintiff firm.
HC held as under:
3. The case must be considered on what is averred in the plaint and the averment in the plaint admits of no ambiguity of what the plaintiff was claiming and what approximation he was making. If there was a definite averment about the nature of loss that has been caused by the defendant, the court fee valuation ought to pertain to such valuation and not arbitrarily low in the manner in which it was adopted. The judgment of the Court below is sustained and the revision petition is dismissed as untenable.
Case Reference-Ahluwalia & Associates ... vs M/S Bala Tele System Pvt Ltd And Anr
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
×
