SHIV KUMAR GUPTA Vs. POOJA

JUDGEMENT

(1.) These petitions have been filed by the petitioner(s) challenging the order(s) passed by the learned Trial Court(s) in their respective Suits calling upon the petitioner(s) herein, who are the plaintiffs in the Suit(s), to deposit the deficit court fee. The Suits filed by the petitioner(s) are claiming damages qua their alleged defamation.

(2.) The question that arises for consideration in the present petitions is as to whether the court fee payable on such Suits claiming damages for defamation is ad valorem according to the amount claimed or whether the petitioners, as plaintiffs, can value the Suit for purposes of court fee at a value different from the amount claimed in the Suit and pay the court fee according to the said amount, with an undertaking to pay the court fee upon the amount which is finally determined by the learned Trial Court(s) in the Suits as damages payable to the petitioners.

(3.) The learned Trial Court has held that the petitioners are to pay the court fee on the amount claimed in the Suit.