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1970 Supreme(Cal) 150

P.N.MUKHERJEE, AMIYA KUMAR MUKHERJI
GITA DEBI BAJORIA – Appellant
Versus
HARISH CHANDRA SAW MILL – Respondent


Advocates Appeared:
LALA HEMANTA KUMAR, NARATTAM CHATTERJEE, RAM PROSAD SAS

( 1 ) THIS Rule was obtained by the petitioner against an order of the learned Additional Subordinate Judge fixing the valuation of the suit for the purpose of court fees at Rs. 15,000/- and directing amendment of plaint and register accordingly and directing the petitioner-plaintiff to file deficit court fees within a certain time. The petitioner-plaintiff filed the present suit for a declaration that certain documents were not binding on her and were null and void upon the footing that they were not documents, intelligently executed by her. The suit was valued in the plaint at Rs. 15,000/- for the purpose of jurisdiction, the plaintiffs claiming that she was not obliged to make, in the circumstances, any prayer except for a declaration, as noted above, and she paid a court-fee of Rs. 20/- on the plaint, treating it as a declaratory suit. The above position was contested by the defendant but the learned Additional Subordinate Judge was of the view that the suit was one, governed by Section 7 (iv) (c) of the Court-Fees Act, and that, for the purpose of court-fees and jurisdiction, the value should be Rs. 15,000/-and, accordingly, he directed necessary amendments of the plaint and r




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