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1955 Supreme(Pat) 142

CHOUDHARY
Rambharosa Lal – Appellant
Versus
Binda Devi – Respondent


Judgment

Choudhary, J.

1. This application arises out of a court-fee matter. The plaintiff-petitioner instituted a suit for declaration that a certain sale deed purported to have been executed by him on 10-10-1952, was a forged and fabricated document and that it did not pass any title to the defendants and was not binding on the plaintiff.

The latter two reliefs, however, were deleted by way of amendment of the plaint. Thus, the only relief sought for in the plaint is that a declaration should be made in favour of the plaintiff that the sale deed in question was a forged and fraudulent document. The case of the plaintiff as appears from the various averments made in the plaint is that on 10-10-1950, the defendants forcibly took the plaintiffs thumb impression on several blank stamp, cartridge and ordinary papers and manufactured a sale deed on those papers after having forged his signature. As such, the plaintiff wanted to make out a case that he was not a party to the document and the signatures on the sale deed purporting to be of the plaintiff were rank forgery. He, therefore, wanted a simple declaration that the sale deed was a forged and fraudulent document inasmuch as it was











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