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SATHI KUMAR SUKUMARA KURUP
K. S. Mohammed Saleem (Deceased) Others – Appellant
Versus
K. S. Mohammed Shakeel (Deceased) – Respondent
JUDGMENT
(Prayer: Criminal Revision Petition has been filed under Article 227 of the Constitution of India, seeking to set aside the fair and decretal order dated 18.10.2019 in I.A.No.43 of 2015 in O.S.No.243 of 2013 on the file of the Sub Judge of the Nilgiris at Ooty.)
1. This Criminal Revision Petition had been filed seeking to set aside the fair and decretal order dated 18.10.2019 in I.A.No.43 of 2015 in O.S.No.243 of 2013 on the file of the Sub Judge of the Nilgiris at Ooty.
2. The learned Counsel for the Petitioners submitted that the Petitioners had filed a Petition in I.A.No.43 of 2015 in O.S.No.243 of 2013. It is the contention of the learned Counsel for the Petitioners that the Petitioners are the Defendants in the suit in O.S.No.243 of 2013. The Petitioners had filed I.A.No.43 of 2015 in O.S.No.243 of 2013 for appointment of an Advocate Commissioner to find out the value of the suit property. Based on the Advocate Commissioner’s report, the value of the property can be considered by the Court after arriving at the value for the property whether the Court fee paid by the Respondents as Plaintiffs was correct is to be gone into. The Respondents/Plaintiffs in the suit vehement
The court established that the valuation of a suit must adhere strictly to the provisions of the Tamil Nadu Court Fee and Suit Valuation Act, and that any attempt to manipulate the valuation to gain ....
plaintiff filed the suit for declaration that the sale deeds were fabricated and therefore, were void. Considering the provisions of Tamil Nadu Court Fees and Suit Valuation Act, it was held that sui....
The main legal point established in the judgment is the importance of following the prescribed procedure for determining the valuation of the Suit and the payment of court fees, as per the provisions....
Section 2 (2) C.P.C which defines the expression “decree” and thereafter held that definition of decree in Section 2 (2) C.P.C shall be deemed to include an order rejecting a plaint.
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