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2003 Supreme(P&H) 1591

V.M.JAIN
Himanshu – Appellant
Versus
Kailash Rani – Respondent


Judgment

1. This petition under Art. 227 of the Constitution has been filed by the plaintiff-petitioner challenging the order dated 30-10-2003 passed by the trial Court vide which the review application filed by defendant No. 1 was allowed and the plaintiff was directed to affix the ad valorem Court-fees on the impugned sale deed dated 19-4-1993.

2. Himanshu plaintiff-petitioner had filed a suit for declaration with consequential relief of possession with mandatory injunction against the defendants to the effect that the sale deed dated 19-4-1993 executed by his grand father Nihal Chand (defendant No, 2) in favour of defendant No. 1-Smt. Kailash Rani was illegal and void and the same was executed without consideration and legal necessity, based on fraud etc. and was not binding on the plaintiff. The said suit was contested by defendant No. 1, alleging therein that she had purchased the land in question from defendant No. 2-Nihal Chand after paying full consideration of Rs. 1,90.000/- and that the same was legal and valid and the father had the legal necessity to sell the suit land. During the pendency of the suit defendant No. 1 filed an application seeking a direction to the plaint







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