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2016 Supreme(Cal) 809

SOUMEN SEN
Umapada Jati – Appellant
Versus
Manas Jati – Respondent


Advocate Appeared:
For the Petitioners:Sudip Ghosh and A. Dutta, Advocates.
For the Opposite Parties :Nilanjan Bhattacharya and Arpan Guha, Advocates.

JUDGMENT :

Soumen Sen, J.

This revisional application is directed against an order dated 13th August, 2015 passed in connection with the petition under Section 151 of the Code of Civil Procedure filed by the defendants praying for direction upon the plaintiff to pay ad valorem court fees on the basis of the value mentioned in the deed dated 14th August, 2012.

2. The said petition filed by the defendants was allowed.

3. The plaintiffs have challenged this order in this revisional application.

4. The plaintiff filed a suit against the defendants praying, inter alia, for the following reliefs:-

(A) A decree for declaration that the Regd. Deed of sale dated 14/8/2012 executed by def. No. 1 to 6 in collusion with def. No.7 in favour of defendants No.8 to 15 including Bakula Jati (now dead) is a fraudulent deed collusive in character and in complete breach of trust on the strength of the Power of Attorney dated 13/8/2012 on the footing that the terms embodied in the Regd Power of Attorney dated 13/8/2012 has not been complied with and as such the said deed dated 14/8/2012 is a sham transaction & not acted upon and/or inoperative and also not binding upon the plaintiffs.

A decree for further dec



























































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