Ramandeep Singh v. Harinderpal Kaur



IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-6118-2022 (O&M) Date of decision: 22.12.2022 Ramandeep Singh

...Petitioner

Versus

Harinderpal Kaur

...Respondent

CORAM: HON'BLE MR.JUSTICE H.S. MADAAN 

     !

"#$ %#  # &&&&& H.S. MADAAN , J. (Oral) Briefly stated facts of the case are that plaintiff Harinderpal Kaur had brought a suit for recovery as damages and compensation against defendant Ramandeep Singh working as Sonologist on contract basis with Civil Hospital, Tarn Taran and presently at Sahib Nursing Home, Jandiala Road, Tarn Taran. Notice of the suit was given to the defendant, who put in appearance, filing an application under Order 7 Rule 11 CPC for rejection of the plaint for want of adequate Court fee as per amount contemplated to be recovered in the suit. Inter alia, in the application, the defendant contended that the plaintiff has claimed an amount of Rs.10 lacs as alleged to be justified amount which be awarded in her favour as is spelled out in para No.19 of the plaint, but she has

 affixed Rs.50/- as Court fee, therefore, she be asked to pay advalorem Court fee on the amount of Rs.10 lacs. The application was resisted on behalf of the plaintiff, and vide impugned order dt. 14.11.2022, the application was dismissed, leaving the defendant aggrieved and he has approached this Court by way of filing the present revision petition, praying that the same be accepted; the impugned order be set aside and application seeking rejection of the plaint be accepted. ' "  ( $#( %#  "

# # )

 #  #  $#  ' %   "

# #

"#

#% * +  !

( #%   # # #,   %%   # #%    # -  + $( + )*  %#+     + #  $ +  # ) +  . )* 
#  + ((*   * $( (# #  $( +#  + #  +# #% + $( + )*  %% %#+   '  /# #% 

 $((* ,    "( #%    %#   # #%
# %  0

$ # (( ) $    , +# #% + +  . )* 
# #,"   " +# #% 1.  ) %% 2 #   
# % 

  %%   # *  

#  
# %  

,  +# #% +  $  

+  )* 

3
# '  /#4 #%  (  (# # +# $ ) $#

 # ) %% $  # +  (# , $ 

) %% )*  %%    #%   )   +  +  +# #%  ($  )  + # (* $#



)*  %% # ) #+, 0  !      " +# $( +  5 %% $ $ (* ) #

$ # %%  "(#+
# % # +# #%  ($ +(* )$ #% $ %  )  + #

 /#4 #%   5  (
# , 0

 0$   

( $ # 5 ("  #%  #   )*   (
#  )   # $    %#  * %$





 
 


  
 




 


   




  



 
 



 


 
 



 







  








  

 



 
  
 



 

 
    

 !


 






 
 

 


 

 

!



 

 


 


 

  






" #$
%
 
 

 

 


  

  
 
&




   






  ' 

  




 
!
(
 
 
 
 

 


6    "

'

# # % * ((( * # % + *   #  , $

 -   (  ,(( # , #  )  * (+ #% " * # )   ! %  0 + % # )* ( $#( %#  #


   
 
"

( !

( /#6 #%  )*  !

2
# 
  

  
37

$

# 3 )*   ( 8  #%  
# #  # 

( $)(  #

%% %$  $ $+$  $  #(*

 /#4 #%    %%  "   " %  #%  ($  + #,  ("

 # 
# #  

+   +# #% + 9+#  %% $ )  # %% 2   "(#+
# % # +  # #%

 $( +#  + *)( #  )*   

  /# #%    "        '

# #  * # # % ,   + 

#  )* 2$  "

#( 0

$ # 5 "

# # %# # ) , # +  

+  $$#

(*  !
"""

#   $%&' :   .#  ; /# :  #)(  ; /#