PUSHPABEN VISHWAMBARLAL KHETAN Vs. HEENA NARENDRA PATEL

JUDGEMENT

(1.) THE Plaintiffs are members of the cooperative society in which Defendant No.1 is also a member. Defendant No.2 is an advocate practicing in this Court. Defendant No.3 is joined as a formal party and no relief has been claimed against him.

(2.) CERTAIN disputes arose between plaintiffs and Defendant No.1. Defendant No.2 as an advocate of Defendant No.1, on instructions from Defendant No.1, addressed a complaint to the Deputy Registrar, Cooperative Housing Society, KWest Ward, Mumbai making various allegations against the plaintiffs. In view thereof, the plaintiffs state that the plaintiffs received various phone calls from friends and relatives expressing surprise and shock and the plaintiff's claim that their reputation among their friends and relatives was affected. The relief sought in the plaint is as under:

(3.) DEFENDANT No.1 had filed a Chamber Summons bearing No. 498/2006 to direct the Prothonotary and Senior Master to reassess the court fees payable with the suit, call upon the Plaintiffs to pay the deficit court fees and if not paid reject the suit under Order VII Rule 11(b) of the Code of Civil Procedure. Accordingly, this Court by an order dated 27th July 2007 directed the Prothonotary and Senior Master to hold an enquiry to ascertain whether the valuation made in the suit was proper and whether the court fee paid by the plaintiffs, was proper after considering the contentions raised by the first defendant of insufficiency of court fee paid by the plaintiffs on the suit claim and file a report. The Prothonotary and Senior Master referred the matter to the Taxing Master to hold an enquiry under Section 8 of the Bombay Court Fees Act, 1959 (the said Act). The Taxing Master after hearing the parties came to a conclusion that as there are 8 separate claims in the suit, the plaintiffs will be liable to pay separately on each cause of action but subject to the maximum limit prescribed under the Act, i.e., Rs.3 lacs. This order is under challenge in the present Chamber Summons.