STATE OF PUNJAB AND OTHERS versus DEV BRAT SHARMA

Citation: [2022] 2 S.C.R. 528 · Decided: 16-03-2022 · Supreme Court of India · Bench: DINESH MAHESHWARI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 2 S.C.R.
[2022] 2 S.C.R. 528
528
STATE OF PUNJAB AND OTHERS
v.
DEV BRAT SHARMA
(Civil Appeal No. 2064 of 2022)
MARCH 16, 2022
[DINESH MAHESHWARI AND VIKRAM NATH, JJ.]
Court Fees Act, 1870: s.7 – Computation of Fees – Money
suit – Respondent filed a suit for recovery of Rs.20 Lakhs as damages
on account of denying the status of freedom fighter and affixed
court fees of Rs.50 – Appellant sought rejection of plaint on the
ground of non payment of requisite court fee – Trial Court directed
the respondent to make good the court-fees on the amount of Rs.20
lakhs claimed as damages – However, High Court set aside the
order of trial court – On appeal, held: s.7 of the Act 1870 provides
for computation of fees in certain suits – s.7(i) refers to Money
Suits which includes suits for damages, compensation, arrears of
maintenance, annuities or other sums payable periodically where
the fee payable would be according to the amount claimed – s.7(iv)
which has six categories where the fees would be payable according
to the amount at which the relief sought is valued in the plaint or
memorandum of appeal – For s.7(iv), liberty has been given to
plaintiff to value his claim for the payment of Court fee – Present
case is of money suit for compensation/damages and would fall u/
s.7(i) of the Act – Valuation for the purpose of jurisdiction and
relief has to be same in the money suit falling u/s.7(i) – Court fees
shall be payable by the respondent on the valuation, i.e., on Rs. 20
lakhs – Hence, ad valorem Court-fees would have to be paid as per
schedule 1 entry 1 – Order of the High Court set aside – Order of
Trial court restored.
Allowing the appeal, the Court
HELD: 1. Chapter III of the Act deals with ‘Fees in Other
Courts and in Public Offices.’ Section 6 thereof provides that no
document of any kind specified as chargeable in the First or
Second Schedule of this Act would be filed, exhibited or recorded
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in any Court of Justice or would be received or furnished by any
public officer, unless in respect of such document, fee of an amount
not less than that indicated by either of the said Schedules as the
proper fee for such document is paid. First Schedule lays down
the computation of ad valorem Court fees whereas Second
Schedule gives the table of fixed Court fees payable on different
categories of plaints, documents and pleadings. [Para 18]
[537-F-G; 538-A-B]
2. Section 7 thereof provides for computation of fees payable
in certain suits. Sub-clause (i) refers to Money Suits which
includes suits for damages, compensation, arrears of maintenance,
annuities or other sums payable periodically where the fee payable
would be according to the amount claimed. Then, there are other
sub-clauses which are not relevant for the case in hand. However,
sub-clause (iv) which has further six categories, namely, suits (a)
for movable property of no market value; (b) to enforce a right to
share in joint family property; (c) for a declaratory decree and
consequential relief; (d) for an injunction; (e) for easements; and
(f) for accounts. The fees on a suit falling in these categories
would be payable according to the amount at which the relief sought
is valued in the plaint or memorandum of appeal. It also states
that in all such suits the plaintiff would state the amount at which
he values the relief sought. [Para 19][538-B-E]
3. A reading of the relief clause in the plaint would make it
abundantly clear that this was a money suit for compensation/
damages and not falling under any of the categories mentioned in
clause (iv) of Section 7 of the Act. Therefore, there would be no
question at all for the applicability of Section 7(iv) of the Act. It
would be a simple case of applicability of Section 7(i) of the Act
and ad valorem Court-fees would have to be paid as per Schedule
1 entry 1. It is only with respect to the category of suits specified
in clause (iv) of Section 7 of the Act that the plaintiff has the
liberty of stating in the plaint the amount at which relief is valued
and Court-fees would be payable on the said amount. Liberty
given under clause (iv) to the specific suits of six categories is
not available to the suits falling under any other clause, be it (i),
(ii), (iii) etc. Once the suit in question was a money suit for
STATE OF PUNJAB AND OTHERS v. DEV BRAT SHARMA
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SUPREME COURT REPORTS
[2022] 2 S.C.R.
compensation and damages falling under clause (i) of

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