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1956 Supreme(All) 142

AGARWALA, BEG
CHUNNI LAL – Appellant
Versus
L. GURDIAL PRASAD – Respondent


Advocates Appeared:
A.P.GUPTA, J.Swarup, Radha Krishna, S.B.L.Gour, SATISH CHANDRA

AGARWALA, J.

( 1 ) THIS matter arises out of the report of the Chief Inspector of Stamps about the deficiency of court-fee paid on their written statements by defendants--respondents 5 and 6 and by defendant 7 in the Court below.

( 2 ) THE facts briefly stated are as follows : The plaintiff-respondents filed a suit for partition of certain properties. There were seven defendants to the suit. Defendants 1 to 3 are the present appellants. Defendants 5 and 6 filed one written statement and defendant 7 filed another written statement. Defendants 5 and 6 and defendant 7 claimed that their shares in the property may be partitioned and given to them. They did not pay any court-fee on this relief. These defendants supported the plaintiffs claim otherwise. Defendants 1 to 3 opposed the plaintiffs claim. The Court ultimately decreed the suit for partition and passed a preliminary decree declaring the shares of the parties. Against this decree the present appeal has been filed by defendants 1 to 3. To this appeal the plaintiff is a respondent and defendants 5 and 6 and defendant 7 are also respondents. The relief claimed in this appeal is that the suit for partition be dismissed.

( 3 ) AFTER














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