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1982 Supreme(Del) 297

SULTAN SINGH
GOVIND GOPAL – Appellant
Versus
BANWARI LAL – Respondent


Advocates Appeared:
JAGDISHVAR SHARMA, R.K.GAUBA

Sultan Singh, J.

( 1 ) THE petitioners plaintiffs by this revision under section 115 of the Code of Civil Procedure challenge the judgment and order of the Subordinate Judge 1st Class Delhi dated 28th November, 1981 directing them to pay court fees on the amount of Rs. 23,668. 00.

( 2 ) BRIEFIV the facts are that Smt Bimla Ruli alias Kishna Kumari had deposited Certain amount in S. B. Account No 373/265 and Recurring Time Deposit Account No. 51/7230 in the Port Office at Najafgarh. She died on 22nd October, 1977. Gobind Gopal plaintiff No. I is her husband while the plaiiniffs No. 2 to 7 arc her sons and daughters. At the time of opening the said two acconiiti, it appears, Banwari Lal defendant was shown as her nominee in the said accounts. The plaintiffj on 20th November, 1978 filed the pi ei-ent suit for declaration that the nomination in favour of the defendant was illegal, that they alone being the legal heirs and representa- tives were entitled to receive the amount lying to the credit of the deceased Smt. Bimla Rani. The plain (iff further prayed for a perpetual injunclion restraining the defendant from receiving or realizing the amount lying in the said two accounts. Accordi






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