JATINDER NATH SHARMA Vs. VIJAY GUPTA

JUDGEMENT

(1.) THIS revision petition has been filed against an order passed by the learned Civil Judge (Junior Division), Ambala directing the petitioners to make good the court-fee on the damages claimed by them.

(2.) THE petitioners in their suit had assessed the damages to be Rs. 10 lacs. However, no court-fee was paid on the said amount. Learned counsel for the petitioners contended that the suit was merely for declaration and therefore, a fixed court-fee was liable to be paid.

(3.) I have considered the argument raised by the learned counsel for the petitioners and find no force in the same. The assessment of the damages had been made by the petitioners in the suit and therefore, they were liable to pay the court-fee as directed by the learned trial Court. The reliance of the learned counsel for the petitioners on the judgment in Hem Raj's case (supra) is also misconceived as in the present case the Court has not disputed the assessment made by the plaintiff but has merely ordered the petitioners to pay the requisite court-fee on the amount claimed as damages. Therefore, there is no merit in the present revision petition and the same is dismissed. Petition dismissed.