Civil Revision No.6637 of 2007(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Civil Revision No.6637 of 2007(O&M) Decided on : November 27, 2009 Gulzar and others ... Petitioners VERSUS Wazid and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Sanjay Verma, Advocate for the petitioners. Mr.J.P.Sharma, Advocate for Mr.Sanjiv Kumar, Advocate for the respondents. A.N.JINDAL, J.- Heard. In view of the judgment of the Apex Court in case Shiv Kumar Sharma vs. Santosh Kumari, 2007(4) Civil Court Cases 333 (SC), wherein, principle of law is laid down, observing that unless a certain sum is claimed, the plaintiff could not be made to pay the court fee and he could be directed to pay the court fee on the amount, for which the decree could be passed. The damages could not be granted without payment of court fee. In the present case, where the suit is simpliciter for declaration, the Court has two questions to adjudicate, (1) if the plaintiff is entitled to Civil Revision No.6637 of 2007(O&M) [ 2 ] any damages, and/or (2) the suit simpliciter for declaration is maintainable, as such no court fee was required to be paid on the suit framed by the plaintiff. The Trial Court did not take notice of these aspects. Thus, the revision petition is accepted and the impugned order is set aside. The matter is remitted back to the Trial Court, which shall proceed further, in accordance with law. November 27, 2009 ( A.N.JINDAL ) `gian' JUDGE