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2017 Supreme(Raj) 116

DINESH CHANDRA SOMANI
Jagdish Sahu S/o Shri Sampatram Sahu – Appellant
Versus
Sonu S/o Sampatram – Respondent


Advocates Appeared:
For the Petitioners: Mr. Bipin Gupta.
For the Respondents: Mr. Mahendra Goyal.

ORDER :

1. This writ petition under Article 226 & 227 of the Constitution of India is directed against the order dated 12-08-2014 passed by Additional District & Sessions Judge No. 1, Alwar, whereby the applications filed by the defendant No. 1 & 3 under Order 7 Rule 11 of CPC read with Section 11 of The Rajasthan Court-Fees and Suits Valuation Act, 1961. (hereinafter referred to as “the Act”) have been allowed and the plaintiff/petitioners were directed to pay court-fees on market value of the property under Section 24 (a) and 35 (1) of the Act, the value as mentioned in the plaint.

2. The material facts necessary for disposal of this petition are that the plaintiff/petitioners filed a suit for partition of suit property by metes and bounds and separate possession, for declaration of sale deed executed by defendant No. 1 in favour of defendant No. 3 on 02-09-2013 regarding part of the disputed property to be ineffective, void and not binding as against the plaintiffs and for permanent injunction. The suit was, inter-alia filed contending therein that the plaintiffs and defendant No. 1 & 2 are of same family and are successors of Late Sampatram and the defendant No. 3 Ajay Kumar is a






































































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