SALEEM Vs. USMAN GANI AND ORS.

JUDGEMENT

(1.) The petitioner-plaintiff in a suit for grant of damages and compensation on account of malicious prosecution launched against him by the respondent-defendants vide FIR No.47 of 2000 in Police Station Besau, District Jhunjhunu, Rajasthan, which later resulted in his acquittal, tentative quantum of compensation for damages was mentioned as Rs.25.00 lacs. However, pending adjudication of the lower court, tentative court fee of Rs.500/- was affixed, undertaking to pay the remaining court fee as and when directed by the court.

(2.) No notice is being issued to the respondents-defendants as they were ex-parte even before the lower court. Even otherwise, notice is not being issued to them to obviate delay as also no prejudice would be caused to them as the matter of payment of court fee is between the suitor and the court.

(3.) In Shiv Kumar Sharma v. Santosh Kumari, 2007 4 CivCC 333, it was held by the Hon'ble Supreme Court of India that though court fees is payable on claim of damages but in a case where damages are required to be calculated, a fixed court fees is to be paid and balance court fees is payable only on the quantum, when the same is determined by the court. Reliance may be placed on Hem Raj v. Harchet Singh and others, 1993 1 CivCC 48, wherein it was held that the court has no other alternative but to accept the plaintiff's tentative court fees till the matter is finally decided by the court. To the same effect is State of Punjab & Others v. Jagdip Singh Chowhan, 2005 2 CivCC 37.