MANPREET SINGH Vs. GURMAIL SINGH

JUDGEMENT

(1.) This order of mine shall dispose of two Civil revisions bearing C.R. No.5662 and 7342 of 2014.

(2.) C.R. No.5662 is against the order dated 25.7.2014 (Annexure P-1) whereby the plaintiff-petitioner has been called upon to pay the court fee in respect of suit for damages to the tune of Rs. 50 lacs for defamation, causing physical-mental harassment, agony and malicious prosecution. C.R. No.7342 of 2014 is against the order dated 25.7.2014 whereby the petitioners have been directed to furnish the surety bond equal to the amount of the suit i.e. Rs. 50 lacs on the apprehension that they were leaving India.

(3.) Learned counsel appearing on behalf of the petitioner in C.R. No.5662 of 2014 submits that the civil suit Annexure P-2 claiming damages to tune of Rs. 50 lacs for defamation, causing physical-mental harassment, agony and malicious prosecution by the respondents was instituted based upon the averments that as per tentative value of the suit, accordingly, court fee of Rs. 250.00 was fixed. However, the trial court on the application moved by the respondents under Order 7, Rule 11 Code of Civil Procedure called upon the petitioner to pay the court fee over such amount. In support of his contentions, he has relied upon the judgment in Subhash Chander Goel Vs. Harvind Sagar, 2003 AIR (Punjab) 248 to contend that in such type of suit, tentative fee has to be accepted as the exact value can be ascertained at the final stage when the evidence has been lead, therefore, the impugned order is not sustainable.