KUSHALPAL SINGH Vs. FORTIS HEALTCARE LIMITED

JUDGEMENT

(1.) In this petition, the petitioners challenge the order of the learned Civil Judge (Senior Division), Mohali (trial court), dated 05.08.2019, by which the application filed by the respondent-defendants under the provisions of Order 7 Rule 11 of the Code of Civil Procedure, 1908, has been allowed.

(2.) The sole ground taken in that application (copy Annexure P-2), for rejection of the plaint in the suit filed by the petitioners herein, is that though vide the said suit they had sought a recovery of Rs. 2,00,00,000/- as compensation and damages for the death of the father of three of the plaintiffs (husband of appellant-plaintiff No. 2), they had only filed court fee of Rs. 5350/-, commensurate to a suit value of Rs. 1,00,000/-, with them having contended in paragraph 19 of their plaint that 'a tentative compensation of notional amount of Rs. 1,00,000/- may be taken as value for the purpose of jurisdiction and court fee for claim of damages as compensation'.

(3.) The petitioners herein (plaintiffs), having filed a reply to that application, it was stated therein that though they were claiming Rs. 2,00,00,000/- by way of damages/compensation due to the negligent act of the defendants (as alleged), however refund of a bill for an amount of Rs. 13,87,000/- was also sought, and therefore 'a notional amount of Rs. 1,00,000/- may be taken as value for the purpose of jurisdiction and court fee for claim of damages as compensation'. Hence, it was contended that they had affixed proper court fee and consequently the application of the respondent-defendants was required to be dismissed.