IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R.No.6739 of 2006
Date of Decision : 21.10.2009
Rajesh Gosain and another ...Petitioners
Versus
Sonia @ Mandakani and another ...Respondents
CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA
Present: Mr. Dheeraj Bali, Advocate, for the petitioners.
HEMANT GUPTA, J. (ORAL)
Challenge in the present revision petition is to the order dated
06.09.2006, whereby an application filed by the petitioners to treat the
issue regarding Court Fee as preliminary issue and to direct the plaintiff-
respondents to affix the ad valorem Court Fee in a suit for maintenance,
was dismissed.
Learned trial Court has held that the issue regarding Court Fee
is not a question of law, but is mixed question of fact and law. Therefore,
such issue can be decided on the basis of evidence.
Though in terms of Section 7 (ii) of the Court Fees Act, 1870,
the Court Fee is payable on the amount of maintenance claimed for one
year, but since the learned trial Court has returned a finding that such
issue is a question of fact and law, I do not find any patent illegality in
the order causing substantial injustice to the petitioners, which may
warrant interference by this Court in exercise of the revisional
jurisdiction.
Dismissed.
21.10.2009 (HEMANT GUPTA) Vimal JUDGE