Punjab Court Fees Act Applicable On Appeals Arising From Suits Filed In Punjab Regardless Of High Court's Location In Chandigarh: P&H HC

The Punjab & Haryana High Court has said that the Court Fees (Punjab Second Amendment) Act, 2009, will be applicable on appeals filed in the High Court if the suit from which an appeal has arrived was instituted in Punjab, regardless of the fact that the High Court is located in UT Chandigarh.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the suits which are filed before the Civil Courts located within the territories of the State of Punjab, thus post the coming into force of the amendment, as made to the relevant statute by the State of Punjab, inasmuch as, to the Court Fees (Punjab Second Amendment) Act, 2009, thus on such filed civil suits, the court fees which is to be affixed thereons, besides the court fees to be affixed on the second appeals filed before this Court, as arise from decisions made over the original civil suits by the civil Courts of competent jurisdiction, located within the territories of the State of Punjab, thus is to be governed by the Court Fees (Punjab Second Amendment) Act, 2009, but irrespective of the same being adapted or not adapted by the Union Parliament, besides irrespective of the fact, that the seat of the High Court of Punjab and Haryana is located at Chandigarh which is a Union Territory."These observations were made while answering a reference question, “Whether the Court Fees (Punjab Second Amendment) Act, 2009, whereby rates of Court Fee mentioned in Schedule I and II have been revised, is to be implemented in the Registry of High Court in respect of cases originating from the State of Haryana, State of Punjab and Union Territory or the same has to be implemented after issuance of the notification by the Central Government extending the same to the Union Territory of Chandigarh, as the seat of High Court is situated at Chandigarh ?”After examining the submissions, the Court said that following points also needs to be considered:(i) the date of institution of the suit is of conspicuous importance.(ii) the statute in operation at the said phase being also of utmost/grave importance.(iii) the fees leviable on the plaint being in terms of the then in effect statute, further regulating the affixation of fees on the subsequent motions, as generated from the decisions made over the civil suits by the civil Courts of competent jurisdiction(iv) The court fees to be levied on the civil suits filed in the civil Courts of competent jurisdiction respectively located within the territorial domains of Punjab, Haryana and Union Territory are to be as stated...thus governed by the relevant statutes...and adaptations, modifications as made theretos.Speaking for the bench Justice Thakur explained that, as per Article 229 (3) levying of court fees, is to be charged on the consolidated fund of the State concerned, therebys, the State concerned is construed to be the State, within whose boundaries the civil suit is filed."Resultantly...the venue of the civil suit, besides the time of the institution of the civil suit, is the reckonable factor, for determining the affixations of court fees on the plaint, besides when the second appeals are a continuation of the suit," the Court added.Furthermore, it elucidated that "in respect of levying of court fees on the civil suits originating, from the Courts located within the territories of the State of Haryana and the U.T., Chandigarh, the regulatory mechanism is/are the respective enactments, amendments, adaptations or modifications, as made by the respective State legislature of the State of Haryana and/or by the Union Government in case of U.T., Chandigarh."Consequently, the reference was answered.Mr.G.S.Simble,Advocatefor Mr. R.K.Singla, Advocate for the appellant.Mr. P.P.Chahar, Sr. DAG, Haryana.Mr. Maninderjit Singh Bedi, Addl. A.G., Punjab.Mr. Amit Jhanji, Sr. Advocate with Mr. Navjot Singh, AdvocateMr. Shashank Shekhar Sharma, Advocate Mr. Triyyambika, Advocate for U.T., Chandigarh.Title: Sarwan Singh v. Jagmohan SinghCitation: 2025 LiveLaw (PH) 28Click here to read/download the order

Punjab Court Fees Act Applicable On Appeals Arising From Suits Filed In Punjab Regardless Of High Court's Location In Chandigarh: P&H HC

Aiman J. Chishti

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