C.R. No. 201 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 201 of 2009 Date of Decision: October 21, 2009 Inder Giyan …..Petitioner Vs. Shyam Sunder and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mrs. Sanjay Verma, Advocate for the petitioner. Mr.Harkesh Manuja, Advocate for the respondents. Mr.Arun Luthra, Advocate. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order dated August 29, 2008, the plaintiff- petitioner has been directed to make the payment of Court fee on amount of Rs.62.86 lacs. C.R. No. 201 of 2009 [2] A perusal of the claim of the plaintiff- petitioner in the claim petition indicates that the suit has been filed by the plaintiff for a direction to the defendants to make the payment of Rs.3906000/- being the balance of the amount of sale consideration out of the total sale consideration of Rs.62.86 lacs. The said amount is the total sale consideration and the main prayer of the plaintiff in the civil Suit is to direct the defendant- respondent to make the payment of balance amount of Rs.3906000/-. Taking into consideration the said claim, the plaintiff cannot be asked to pay Court fee on amount of Rs.62.86 lacs but he can be directed to pay the Court fee on the balance amount which is alleged to be due out of the total sale consideration. Counsel for the respondents has contended that the Court fee on amount of Rs.31 lacs has been paid. After hearing counsel for the parties, I am of the opinion that the impugned order, for the reasons mentioned hereinabove, deserves to be set aside partly. The plaintiff is directed to pay the Court fee on the amount which has been claimed and not on the total amount of the sale consideration. The appeal is partly allowed and is directed that the plaintiff will pay Court fee on amount of Rs.3906000/-. It is clarified that in case the Court fee on any amount has already been affixed then the difference of the Court fee which is yet to be affixed will be affixed by the plaintiff alongwith the plaint. The revision petition is allowed in the said terms and is disposed of directing the parties to appear before the trial Court. The C.R. No. 201 of 2009 [3] plaintiff will make up the deficiency of the Court fee within a period of one month after the receipt of a certified copy of the order. October 21, 2009 (M.M.S.BEDI) sanjay JUDGE