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2014 Supreme(Del) 1353

SANJEEV SACHDEVA
Jafar Imam – Appellant
Versus
Devender Chauhan – Respondent


Advocate Appeared:
For The Plaintiff:Kamal Mehta with Sudeep Singh, Advocates.
For The Defendants:Nikil Mehra, Ravi Gupta, Sr. Advocate with Ankit Jain, Darpan Wadhwa with Arjun Syal, Advocates.

Judgment

Sanjeev Sachdeva, J.

IA No. 20314/2013 in CS(OS) 1843/2013 (By Defendant No. 2 under Order 7 rule 11 CPC)

1. The Defendant No. 2 has filed the present application under order 7 rule 11 of the Code of Civil Procedure (Hereinafter referred to as the CPC) seeking rejection of the plaint on the ground that the Plaintiff has not correctly valued the suit for the purposes of Court fees and jurisdiction and has not paid the requisite court fees on the same.

2. The Plaintiff has filed the present suit for specific performance of agreement to sell dated 15.09.2003. Along with the relief of specific performance the Plaintiff has claimed cancellation of five sale deeds dated 20.04.2004, 05.07.2004 and 11.06.2004. The sale deeds the cancellation of which has been sought by the Plaintiffs have been executed after the agreement to sell in favour of the Plaintiff.

3. As per the applicant/Defendant No. 2, the Plaintiff has sought cancellation of five sale deeds which are registered at different values and the Plaintiff has valued the relief for cancellation of the sale deeds at Rs.200/-each and not at the values mentioned in the respective sale deeds and has not paid the requisite Court fee

















































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