Section 7 -- Suit for compensation/ damages for malicious prosecution – Ad-valorem court fees – Trial Court directed the plaintiff-petitioner to affix ad valorem court fee on an amount of Rs.20 lakhs – Perusal of the plaint reveals that the damages are not being quantified, however, a vague statement has been made that the damages have been suffered by the plaintiff-petitioner of over Rs.20 lakhs -- However, in para it has clearly been stated that the exact value of the relief cannot be ascertained and the quantification of the damages would be determined by the Court, hence, a tentative court fee of Rs.50/- has been affixed with the plaint – Held, at the initial stage, in a suit for malicious prosecution, there cannot be any valuation in sure and certain terms and, hence, the Court is left with no other option at this stage but to accept the valuation offered by the plaintiff-petitioner -- Impugned order set aside, tentative court fee affixed by the plaintiff-petitioner shall be accepted by the Court and the Court shall proceed further with the suit in accordance with the law.
(P&H HC) Decided on: 12.05.2022
