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2004 Supreme(Pat) 147

CHANDRAMAULI KR.PRASAD
Hari Krishna Sah – Appellant
Versus
State Of Bihar – Respondent


Judgment

Chandramauli Kr.Prasad, J.

1. This application has been filed for issuance of a writ in the nature of certiorari or for any other appropriate writ, order or direction for quashing the resolution of the District Legal Aid Committee, Purnea and the communication dated 22.3.1999 (Annexure-4) whereby a certificate has been granted for exemption to respondent no.4 for payment of the court fee in Title Suit No. 68 of 1993.

2. Short fact giving rise to the present application are that respondent no.4 hereinafter referred to as the plaintiff filed Title Suit No. 68 of 1993 impleading the petitioner and other persons as defendants seeking decree of permanent injunction from disturbing the plaintiffs possession over the land described in the schedule of the plaint. Further relief sought for by plaintiff was to restore possession of land described in Schedule II of the plaint from which he was forcibly dispossessed by defendant no. 1-petitioner here. Defendant no.1 appeared in the suit and pleaded that the plaintiff shall be liable for payment of ad valorem court fee and unless such fee is paid, the relief sought for by the plaintiff, cannot be adjudicated. During the pendency of the



























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