SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(Chh) 329

SANJAY K.AGRAWAL
Raju Tiwari, S/o Ram Prasad Tiwari – Appellant
Versus
Baishakhin Bai, Wd/o Arjun Singh Yadav – Respondent


Advocates Appeared:
For the Petitioners: Mr. Arun Kumar Shukla
For the Respondent: Mr. Prakash Tiwari, Mr. Abhishek Sharma, Mrs. Astha Shukla

ORDER :

Sanjay K. Agrawal, J.

Invoking provision contained in Section 115 of the Code of Civil Procedure, defendants No. 1 & 2 petitioners herein have filed this revision calling in question the legality, validity and propriety of the order dated 31.10.2013 by which their application filed under Order 7, Rule 11 has been rejected by the trial Court.

2. Plaintiffs No. 1 to 4/respondents No. 1 to 4 herein filed a suit for declaration that sale deed dated 31.03.2012 & 25.07.2012 is null & void as that has been executed beyond their back and they have not executed power of attorney in favour of defendants No. 1 & 2 and thus the sale made by defendant No. 1 in favour of defendant No. 2 and further sale made by defendant No. 2 in favour of defendants No. 5 & 6 are null & void, and they also sought declaratory decree and perpetual injunction.

3. The defendant Nos. 1 & 2 filed an application under Order 7, Rule 11 of the CPC stating that as the plaintiffs are challenging the validity of sale deeds, they are required to pay ad velorem court fee, which the trial Court has rejected and against which, the instant revision has been preferred challenging the same.

4. Mr. Arun Kumar Shukla, learned co





















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top