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2006 Supreme(All) 2044

R.P.MISRA, PANKAJ MITHAL
AJAY TIWARI – Appellant
Versus
HIRDAY RAM TIWARI – Respondent


Advocates:
Counsel :
Anil Kumar Sharma for the Appellant; Ajit Singh (Rana), A.M. Tripathi, P.K. Goswami, Ramesh Rai and H.M. Srivastava for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—This is a First Appeal From Order under Section 6-A of the Courts Fees Act read with Section 104 C.P.C. against the order of the Additional Civil Judge (Senior Division) Court No. 13 Allahabad dated 4.8.2005 passed in Original Suit No. 674 of 2004, Ajay Tiwari v. Hriday Ram Tiwari and others. The Court below by the said order has decided Issue No. 2 with regard to valuation and payment of Court fees and has held that the suit has rightly been valued at Rs. 10.0 lacs but the plaintiff/appellant has not paid proper Court fees.

2. The plaintiff/appellant Ajay Tiwari filed Original Suit No. 674 of 2004, Ajay Tiwari v. Hriday Ram Tiwari and others in the Court of Additional Civil Judge (Senior Division) Allahabad for declaring the sale deed dated 26.6.2004 registered on 5.7.2004 in respect of House No. 18/25, Mundera Bazar, Allahabad and executed by Hriday Ram Tiwari defendant No. 1 in favour of Ramesh Kumar Kushwaha and others, defendant No. 2 to 5 to be declared as null and void. No consequential relief thereof has been claimed. The plaintiff/appellant valued the suit as per the market value of the property on Rs. 10.0 lacs and paid Court fees of Rs. 2































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