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1981 Supreme(Raj) 32

K.S.SIDHU
Dinesh Kumar – Appellant
Versus
Ram Sahai – Respondent


Advocates:
Appearance :
P.N. Agrawal, for the Appellant
S.K. Gupta and G.K. Garg, for the Respondents

Judgment

K.S. Sidhu, J.-This petition of revision by the plaintiff under Section 115, CPC has arisen in the following circumstances.

2. The plaintiff , Dinesh Kumar, brought a suit against the defendant. Ram Sahai, for a declaration that he is the adopted son of Ram Sahai and as such entitled to an equal share with the defendant in the coparcenary property described in detail in para 4 of the plaint. He stated the value of the said property to be Rs. 2,70,000/-and paid a Court-fee of Rs. 5 00/-in all. The value of the suit for the purpose of Court-fee and jurisdiction was stated to be Rs. 2,70,000/-.

3. The defendant contested the suit and filed a written statement in answer to it. One of the preliminary objections raised by the defendant is that the Court-fee paid by the plaintiff is not sufficient.

4. By its order, dated March 23, 1979, the trial Court upheld this objection, and directed the plaintiff to pay Court-fee, ad valorem on the value of his share in the coparcenary property, i.e., on Rs. 1,35,000/-.

5. Aggrieved by the aforesaid order, the plaintiff challenged it by filing this petition of revision.

6. After hearing both sides and perusing the record, I am of opinion tha










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