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2017 Supreme(Ker) 669

P.SOMARAJAN
St. Mary's Church, Pattanam – Appellant
Versus
O. P. Paul – Respondent


Advocates Appeared:
For the Petitioner:K.V. Sohan & Sreeja Sohan K., Advocates
For the Respondents:P. Shrihari & V.M. Kurian, Advocate

JUDGMENT :

P. Somarajan, J.

1. The challenge is against the order in I.A. No.2474 of 2012 dated 23.01.2013 (Ext.P4) in O.S. No.192 of 2011 of the Sub Court, North Paravur by the second defendant.

2. A preliminary objection was raised regarding correctness of the valuation made in the suit and the court fee paid along with the question of bar of limitation. The said application was dismissed by the lower court finding that the suit is not, barred by limitation and that the valuation made in the suit and the court fee paid are proper. The above said order is under challenge in this petition.

3. Heard Sri. K.V. Sohan, the learned counsel appearing for the petitioner and Sri. V.M. Kurian, the learned counsel appearing for the 2nd respondent.

4. The suit is for declaring two registered sale deeds as null and void. These two documents were executed by the power holder of the plaintiff, the first defendant, based on a registered power of attorney, in favour of the second defendant. The question regarding correctness of the valuation made in the suit and the court fee paid was not pressed at the time of hearing of the application The main contention raised by the plaintiff is that he came to kn







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