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1977 Supreme(Del) 135

PRITHVI RAJ, T.V.R.TATACHARI, YOGESHWAR DAYAL
MAHANT PURSHOTTAM DASS – Appellant
Versus
HAR NARAIN – Respondent


Advocates Appeared:
G.N.AGGARWAL, J.K.SETH, K.K.RAIZADA

YOGESHWAR DAYAL, J

( 1 ) THIS appeal has been placed before the full Beach in view of the order of reference dated May 18, 1977, passed by Kapur, J-

( 2 ) THE appeal was filed by the plaintiff-appellants against the order dated May 14, 1973 passed by Shri A. K. Srivastava, Sub-Judge, Delhi holding that the value of the suit for purposes of court-fees and jurisdiction was Rs. 54,000 and also holding that the suit had not been valued correctly for purposes of court-fees and jurisdiction and that he had no jurisdiction to try the suit and directed that the plaint be returned to the plaintiffs for presentation to the proper court.

( 3 ) THE plaintiff-appellants had filed the present suit, out of which the appeal arises, in their representative capacity under Order 1, rule 8 of the Code of Civil Procedure. The prayer made in the plaint was as under :

"17. Therefore, the plaintiffs pray that a Declaration decree to the effect with costs of the suit be passed in favour of the Ram Sanahi Sect. that the said alleged WILL was not executed and could not be executed by the said Mahant Narsingh Dass and that the said WILL is void, and illegal which confers no right or title whatsoever on the defe







































































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