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1985 Supreme(Cal) 247

B.C.Roy, N.G.Chaudhuri
Haripada Roy – Appellant
Versus
Rashbehary Mallick – Respondent


Advocates Appeared:
Bijitendra Mohan Mitra,

JUDGMENT

1. THIS miscellaneous appeal is directed against order No. 31 dated 19th August, 1966 passed by the chief Judge, City Civil Court, Calcutta, whereby the plaint was directed to be returned to the filing lawyer for presentation to the proper court on holding that the suit has not been properly valued and the valuation of the relevant claim in the suit both for the purpose of jurisdiction and for court fees exceeded the pecuniary jurisdiction of this court and as such the suit is not triable by the court. The plaintiffs instituted the suit claiming relief for declaration of their right, title and interest and ownership in respect of the suit property which comprises of a portion of the land and structure of premises No. 76/1, Baghbazar Street, Calcutta, measuring about 233 x 156 yards i.e. 46 cottahs and also for a decree for permanent injunction restraining the defendant from disturbing the peaceful possession and enjoyment of the suit property and for other reliefs. The suit was valued at Rs. 10/-as it has been stated that there was no objective standard of valuation of the claims of the plaintiffs. The defendant-respondent filed a written statement and in paragraph 3 of the
















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