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1968 Supreme(Ori) 28

G.K.MISRA
SK WAJID ALI – Appellant
Versus
JIGA BIBI – Respondent


Advocates Appeared:
B.B.RATH, MD.Y.A.RAHIM, S.K.RAHANAMA, S.P.ACHARYA

G. K. MISRA, J.

( 1 ) TITLE suit No. 41 of 1963 was filed in the Court of the Munsif Kendra-para. Originally the suit was valued at Rs 75. The pravers were for a declaration that the disputed land was the plaintiff's occupancy Chandna holding; for confirmation of possession: for a declaration that the defendant had no title or possession therein and for such other reliefs as the plaintiff is entitled to in law and equity. Amongst other defences the valuation of the suit and the insufficiency of Court fee payable were challenged. On 11-9-64 the Additional Munsif held that the market value of the suit land was Rs 4000. Plaintiff was directed to amend the plaint and pay the requisite ad valorem Court fee. Plaintiff amend- ed the plaint and valued the suit at Rupees 4000, but filed an application under Order 33, Rule 1, C. P. C. for permission to sue in forma pauperis. This application was dismissed on 26-7-65 on a finding that the plaintiff was not a pauper and had capacity to pay the ad-valorem Court fee. On 17-4-65 plaintiff filed an application for amendment of the plaint to delete certain reliefs. In that application the plaintiff prayed that the prayers Ka and Kha in the origina









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