S. AJIT SINGH KOHAR Vs. SHASHI KANT

JUDGEMENT

(1.) In exercise of supervisory powers of this Court invoking Art. 227 of the Constitution of India, this revision petition has been preferred by the petitioner-plaintiff for setting aside order dated 6.8.2014 [Annexure P/2], whereby he has been called upon to affix advalorem court fee on the specified amount of Rs. 2.00 Crores, in a suit for recovery of the aforesaid amount, as damages for loss of reputation.

(2.) It is claimed that since quantification of damages is yet to be determined by the lower Court, the petitioner-plaintiff could not have been called upon to pay the court fee on an amount, which has yet not been determined by adjudication in the suit filed by him.

(3.) During the course of hearing, learned counsel for the petitioner has made a pointed reference to copy of the plaint [Annexure P/1], whereby, though, damages have been sought for loss of reputation to the extent of Rs. 2.00 Crores, yet it is mentioned that quantum is to be determined by the Court. In these circumstances, it is averred that even though figure of Rs. 2.00 Crores as an amount to be recovered as compensation has been given, yet tentative court fee of Rs. 50.00 has been affixed leaving final adjudication to be made by the lower Court.