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1974 Supreme(Del) 162

T.V.R.TATACHARI, V.S.DESHPANDE, YOGESHWAR DAYAL
SHEILA DEVI – Appellant
Versus
KISHAN LAL KALRA – Respondent


Advocates Appeared:
G.S.Vohra, L.R.GUPTA, P.K.Seth, R.K.MEHTA, R.L.TANDON, S.L.Bhatia, S.N.CHOPRA

T. V. R. Tatachari, C. J.

( 1 ) TWO questions have been REFERRED TO by H. L. Anand J. for the opinion of this Full Bench. They are:

(1) Whether the Court has power to interfere in the plaintiff s valuation of relief for the purpose of court-fee under Section 7 (iv) of the Court Fees Act; and

(2) If so,

(A) when would such interference be justified, and

(B) what should be the criterion for the re-determination of the value ?

( 2 ) THE reference came to be made in the following circumstances. Sudershan Kumar Kalra, Krishan Lal Kalra and Hans Raj Kalra are real brothers. Sudershan Kumar Kalra filed a suit originally in the Court of the Senior Subordinate Judge, Delhi, in December, 1968. He subsequently died and his wife and five children were brought on record as his legal representatives. The suit has since been transferred to the original side of this Court and re-numbered as Suit No. 35 of 1971. The defendants in the suit are (1) Kishan Lal Kalra (2) Hans Raj Kalra, (3) Jagmohan Kalra, (4) Kishan Lal and Company, and (5) M/s. Kishan Lal Wine Merchants (P) Ltd. An amended plaint was filed, and the prayers therein were (1) "for rendition of accounts of profits of the partnership Kishan La


































































































































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