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1952 Supreme(Cal) 85

K.C.DAS GUPTA, LAHIRI
CHHATU LAL SHAW – Appellant
Versus
PANCHANAN SHAW – Respondent


Advocates Appeared:
Benoy Bhusan Sen, SYAMA CHARAN MITTER

K. C. Das Gupta, Lahiri

( 1 ) THIS Rule was directed against an order of the learned Subordinate Judge of 24 Parganas by which he directed the plaintiff to pay 'ad valorem' court-fees on Rs. 6000/- on the plaint and refused to pass any final orders on the application filed by the plaintiff for amendment of the plaint.

( 2 ) THE plaintiff along with defendant 2 and other co-sharers is in joint possession of the premises in suit. Defendant 2 executed a kobala on 6-5-1949, in favour of defendant 1 in the present suit. The plaintiff's allegation is that (the kobala was obtained by fraud and undue influence and he prayed, first, for a declaration that this sale deed was void and secondly, for a permanent injunction restraining defendant 1 from interfering with the plaintiff's possession and thirdly, in the alternative, for an order by the Court allowing the plaintiff to pre-empt. The relief for declaration was valued at Rs. 20/-, the relief for injunction was valued at Rs. 50/- and the relief for preemption was valued at Rs. 100/ -. The court-fees were paid accordingly. After the Court passed an order that the proper valuation of the suit was Rs. 6000/- and the court-fees should be pai





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