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1987 Supreme(Pat) 15

S.S.SANDHAWALIA, B.P.JHA, BIRENDRA PRASAD SINHA
Md. Alam And Etc. – Appellant
Versus
Gopal Singh – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. The ticklish questions bristling with a conflict of precedent, which have necessitated this reference to the larger Bench, may well be framed in the terms following :-

(i) Whether the plaintiff has an absolute right or option to place any valuation whatever on the relief claimed in a suit governed by Cl.(iv) of S.7 of the Court-fees Act ?

(ii) Whether the court has no jurisdiction to examine the correctness of the valuation given by the plaintiff in view of the provisions of S.7(iv) of the aforesaid Act ?

(iii) Whether any difference or line of distinction can be drawn qua the individual sub-cls. (a) to (f) of Cl.(iv) of S.7 of the said Act ?

(iv) Whether the headlong conflict of single Bench judgements in Kesho Mahton V/s. Ayodhya Mahton, AIR 1983 Pat 67 and Mannu Was V/s. Kisto Das, AIR 1983 Pat 272 can be reconciled ?

2. A representative matrix of facts giving rise to the issues aforesaid may be noticed from Civil Revision No. 851 of 1982. The plaintiff petitioner filed Title Suit No. 31 of 1978 in the court of the 3rd Munsif, Chapra, in respect of 19 kathas and 18 dhurs of land in village Tehti and valued his relief at Rs. 2,000.00 for purposes of






















































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