K.C.DAS GUPTA, H.K.BOSE
ANNAPURNA COTTON MILLS LTD. – Appellant
Versus
SHYAMALENDU BHADURI – Respondent
( 1 ) THIS is an application by the plaintiff, whose suit has been ultimately dismissed, for a certificate under Sub-clause (a) of Article 133 (1) of the Constitution of India. Certain other prayers were made in the application, but we are no longer concerned with them. Admittedly, the petitioner stated in the plaint the value of the land in Suit to be a sum of Rs. 15,000/- only. It stated, however, now in its present application that that valuation was not the correct market value of the land on the date of the suit, the 28-2-1947, and that the market value of the said land on that date would not be less than a sum of Rs. 24,000/- and on the date of this Court's decree, namely 9-1-1956, the value of the land would not be less than Rs. 50,000/ -. On behalf of the defendant opposite party it was contended that the plaintiff was precluded from showing to this Court that the value of the land, on the date the suit was brought, was more than Rs. 15,000/- as mentioned in its plaint. By an order dated 6-7-1956, this Court without finally deciding the question whether the valuation put upon the plaint could be revised directed the Third Additional Subordinate Judge, A
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