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2007 Supreme(All) 3023

AMITAVA LALA, SHISHIR KUMAR
HER HIGHNESS MAHARANI REWA. – Appellant
Versus
SANGAM UPNIVESH AWAS AND NIRMAN SAHAKARI SAMITI LTD. – Respondent


Advocates:
Counsel :
H.R. Misra and Anil Kumar Aditya for the Petitioner; Shashi Nandan, Vishnu Gupta and P.S. Dubey for the Respondents.

JUDGMENT

Hon’ble Amitava Lala, J.—This appeal arises out of an order passed by the Additional Civil Judge (Senior Division) Allahabad on 23rd December, 2006 enhancing the amount of Court-fees, on the basis of market value of the property, to the tune of rupees twenty five Crores.

2. Since the parties arrived at a consensus for hearing the matter on informal papers, as all materials are available on record and the dispute is confined to Court-fees only, we have heard the appeal on contest at the admission stage.

3. Fact remains that the plaintiff/appellant instituted a suit for injunction upon payment of appropriate Court-fees. An interim application was also made by the plaintiff/appellant to that extent. However, upon issuance of notice, the defendants/respondents appeared and filed an objection to such application annexing allegedly forged and fabricated documents i.e. agreement for sale, power of attorney and sale deed etc. which were not executed by the plaintiff/appellant. At that stage, the plaintiff/appellant was compelled to make an application for amendment of the plaint to make an additional prayer, which was allowed. Such additional prayer was made regarding cancellation

























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