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State of Punjab & Ors. vs. Dev Brat Sharma (SC)

46.00 4.60

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Court Fees Act, 1870–Secs. 7(i)–Code of Civil Procedure, 1908–Order 7, Rule 11 r/w. Sec. 151–Suit for recovery of Rs. 20,000,000/- on account of damage suffered by the plaintiff –Applicable Court Fees–Relief clause of suit reveals that it was a money suit for compensation/damages and it does not fall under any of the categories mentioned in Clause (iv) of Section 7–Ad valorem Court Fees would be payable on the amount claimed –Respondent has no liberty and right to give different valuation then what was being claimed–Held, High Court was not justified in setting aside the order of trial Court whereby the time was granted to make good the Court Fees within a particular period failing which the plaint would stand rejected.