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2013 Supreme(Del) 1492

S.MURALIDHAR
S. Manjinder Singh – Appellant
Versus
Krishna Bhat – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff:Rajender Agarwal, Advocate.
For the Defendants:D2 to D6, R.K. Trakru, Advocate.

Judgment :

IA Nos. 1256, 1257 and 1259 of 2012 (by D-2 to D-6 under O VII R. 11 CPC) and 19161 of 2012 (by Plaintiff)

1. These are applications under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) seeking rejection of the plaint on various grounds.

2. The Court proposes to take into consideration the grounds concerning the valuation of the suit for the purposes of the court fee.

3. Originally the suit was filed as one for specific performance of an agreement dated 10th October 2006 in relation to an agricultural plot of land admeasuring 37 bigha and 10 biswas = 7.82125 acres situated in the revenue estate of Village Ghuman Hera, Najafgarh, New Delhi (hereafter ‘the property in question’) and for a permanent injunction. Para 13 of the plaint, as originally filed, read as under:

“13. That for the purpose of court fee and jurisdiction, the suit for the relief of specific performance is valued at Rs.3,20,31,250/- and for the relief of permanent injunction, the suit is valued at Rs.200/- on which the requisite court fee has been paid hereof.”

4. In the written statements filed, it was disclosed that the property in question had been transferred to Defendants 2 to 7 by
























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