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1995 Supreme(Del) 25

R.C.LAHOTI
RAMPUR DISTILLERY AND CHEMICALS COMPANY LIMITED – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
B.BABBAR, D.K.NAG, Monika Khosla

R. C. Lahoti, J.

( 1 ) THE Court in deciding the question of Court fee should look into the allegations in the plaint to see what is the substantive relief that is asked for; mere astuteness indrafting the plaint will not be allowed to stand in the way of the Court looking at the substance of the relief asked for - observed their Lordship in Shamsher Singh VS. Rajinderprashad and Ors. , AIR 1973 SC 2384. So is the view taken by Full Bench of Delhi High Court in Mahant Purushottam Dass and Ors. VS. Har Narain and Ors. , AIR 1978 Delhi 114.

( 2 ) THE plaintiff has filed this suit for declaration and injunction seeking the following reliefs :- i) to grant a declaration to the effect that funning contract No. J/13018/3/27/79/pur. II dated 6. 2. 1979 is non-est and void; ii) and in the alternative, for the grant of declaration that the contract, if any, was rendered void and the plaintiff was not obliged to make any supplies under supply order No. J/13018/3/27/nine/79/pur. II dated 29:10. 1979 since the defendant committed breach of contract; iii) further for grant of a declaration that the demand for risk purchase damages in the sum of Rs. 5,24,790. 00 made by the defendant Union of In













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