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High Court of Punjab and Haryana · body

2025 DAILYLAW 73850 (PNJ)

DAVENDRA SINGH v. HARVINDER SINGH

CR/4466/2024 · 2025-05-15

Suvir Sehgal

body2025

Judgment text

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CR-4466- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 125 DAVENDRA SINGH HARVINDER SINGH CORAM: HON'BLE MR. JUSTICE Present: SUVIR SEHGAL 1. -2024 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DAVENDRA SINGH VS. HARVINDER SINGH CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Mr. Dinesh Nagar, Advocate for the petitioner. Mr. Ishaan, Advocate for Mr. Karan Bhardwaj, Advocate for the respondent. **** SUVIR SEHGAL, J. (ORAL) On 22.08.2024, this Court passed the following order: “Learned counsel for the petitioner submits that vide impugned order dated 16.07.2024 (Annexure P-6), trial Court has rejected the claim filed by defendant fee not having been paid thereon, without afford opportunity to defendant deficiency in the court fee. Learned counsel for the petitioner undertakes to affix the value of counter IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-4466-2024 Date of decision:15.05.2025 ...PETITIONER ...RESPONDENT SUVIR SEHGAL Mr. Karan Bhardwaj, Advocate passed the following order:- Learned counsel for the petitioner inter alia impugned order dated 16.07.2024 6), trial Court has rejected the counter claim filed by defendant-petitioner for ad valorem court paid thereon, without affording an opportunity to defendant-petitioner to make good the deficiency in the court fee. Learned counsel for the petitioner undertakes to affix ad valorem court fee on claim and the petitioner does not .2025 inter alia impugned order dated 16.07.2024 counter court ing an petitioner to make good the deficiency in the court fee. Learned counsel for court fee on claim and the petitioner does not Sheetal 2025.05.19 17:15 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh CR-4466- 2. reasonable time to affix the requisite Court fee. 3. objection amount. 4. 5. requisite C Trial Court shall proceed further accordance with law. 15.05.2025 sheetal -2024 -2- contest the proposition that payable on counter claim. Notice of motion, returnable for 19.09.2024. Process dasti as well. On oral request of learned counsel for the petitioner, liberty is granted to respondent through the counsel representing the trial Court. In the meanwhile, operation of impugned order dated 16.07.2024 (Annexure P Counsel for the petitioner submits that he may reasonable time to affix the requisite Court fee. Counsel for the respondent submits that in case time is given to the petitioner to deposit the necessary Accordingly, revision petition is disposed of Petitioner is granted a period of one month to deposit the Court fee. In case, the Court fee is affixed on or before 15.06.2025, Trial Court shall proceed further and decide the suit and accordance with law. .2025 Whether Speaking/reasoned Yes/No Whether Reportable Yes/No contest the proposition that ad valorem court fee is also payable on counter claim. Notice of motion, returnable for 19.09.2024. as well. On oral request of learned counsel for the liberty is granted to additionally serve the espondent through the counsel representing him before In the meanwhile, operation of impugned order (Annexure P-6) shall remain stayed.” Counsel for the petitioner submits that he may be granted reasonable time to affix the requisite Court fee. Counsel for the respondent submits that he does not have any time is given to the petitioner to deposit the necessary Accordingly, revision petition is disposed off. a period of one month to deposit the ourt fee is affixed on or before 15.06.2025, and decide the suit and the counter claim (SUVIR SEHGAL) JUDGE Yes/No Yes/No fee is also On oral request of learned counsel for the additionally serve the him before In the meanwhile, operation of impugned order ” granted does not have any time is given to the petitioner to deposit the necessary a period of one month to deposit the ourt fee is affixed on or before 15.06.2025, claim in Sheetal 2025.05.19 17:15 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh