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1984 Supreme(Sikk) 5

RIPUSUDAN DAYAL
Hari Prasad Sapkota – Appellant
Versus
Krishna Prasad – Respondent


Advocates:
Niladri Sarkar, for Petitioners; C.R. Bhattacharjee, for Respondents.

Judgement

ORDER :- This is a revision under S.115 of the Civil P. C. and Art.227 of the Constitution against the order dt. 26-12-83 of the learned District Judge, Sikkim, accepting the valuation of the reliefs, put by the plaintiffs-respondents in a suit brought by them against the petitioners, being defendants 1 to 3, and other defendants in the year 1979, for partition of the properties said to be joint Hindu family properties as detailed in Schedule 'A' to the plaint with a declaration of their right, title and interest therein to the extent of 3/4th share and also for rendition of accounts in respect of the income thereof, as also for permanent injunction restraining the defendants from transferring or in any way encumbering any of these properties. The respondents valued the suit for the purpose of partition at Rs. 10,000/- for injunction at Rs. 100/- and for accounting also at Rs. 100/-and paid the court-fee accordingly. Admittedly, the valuation is not based on the value of the properties involved; and the manner how the valuation was done, was not indicated. The defendants filed objections stating that the Court-fee should have been paid according to the value of the propert












































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