- (1.) This petition assails the orders dated 13.9.2010 (Annexure P- 1) and 30.11.2010 (Annexure P-3) passed by Additional District Judge, Faridabad directing the petitioner to file the court fee on the memorandum of appeal, as determined by the Civil Judge (Jr.Divn.), Faridabad.
(2.) In nutshell, the facts are that the petitioner filed a suit for dissolution of a firm as well as rendition of accounts and evaluated the suit @ Rs.10,000/- and it was stated that the additional court fee would be paid at the time of determination of the amount. Thereafter, the respondents filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, with a request to direct the petitioner to pay the ad valorem court fee.
(3.) At this, the Trial Court directed the petitioner to pay the court fee on the amount of Rs.19 lacs. Aggrieved by the aforesaid order, the petitioner preferred Civil Revision No.1291 of 2008, wherein, this High Court on 9.4.2008 passed the following order:- "In the present case, there is no specific amount for the purpose of valuation in the plaint in view of the law laid down above. The valuation of the suit as done by the plaintiffpetitioner is required to be accepted. Of course, the plaintiff can always be asked to make up the court fee on the basis of the amount which would be finally determined by the Court. Accordingly, the order requiring the petitioner to fix the ad-valorem court fee can not be sustained. The same is set aside. However, it would be open for the Court to ask the petitioner to fix the court fee on the amount, if any, found due after final determination and awarded by the court ultimately.";