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1973 Supreme(Raj) 111

LODHA
Shantilal Agarwal – Appellant
Versus
Rama Bai – Respondent


Advocates Appeared:
G.S. Bapna, for Petitioners; P.G. Bhandari, for Non-petitioner

LODHA, J.—This revision application by the plaintiff raises a question of court-fee. The plaintiff Shantilal Agarwal filed a suit in the Court of Civil Judge, Dholpur for declaration that the will dated 5-7-63 registered on 4-9-63 executed by his father late Shri Shyamlal and his mother Smt. Champa Devi, defendant No. 1, was void and ineffective as against the plaintiff. Shyamlal had died before the institution of the suit, Smr. Champa)Devi was alive and was impleaded as defendant No. 1. The suit was filed on 3-7 67 and Smt. Champa Devi died some time in 1971. The validity of the will was challenged mainly on the grounds that the testator Shyamlal was not in a sound disposing mind at the time of executing the will, that the will had been got executed by undue influence, fraud and coercion, and that in any case Shyamlal had no right to dispose of the ancestral and joint family property by making a will in respect of it and thereby deprive the plaintiff of his legitimate share in it. The suit was resisted by the defendant and an objection was also taken that the court-fee paid was insufficient. Fixed court-fee of Rs. 25/- was filed with the plaint under sec. 24 of the Rajasthan Court


















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