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2013 Supreme(All) 2891

MANOJ MISRA
RAJENDRA PRASAD YADAV – Appellant
Versus
RAVINDRA NATH SINGH – Respondent


Advocates:
Counsel :
Gulab Chandra and Vinod Kumar Srivastava for the Petitioner; A.K. Singh for the Respondents.

JUDGMENT

Hon’ble Manoj Misra, J.—The instant writ petition has been filed seeking quashing of the order dated 22.10.2013 passed by the Additional District Judge, Court No. 5, Varanasi in Civil Revision No. 155 of 2013 as also the order dated 29.5.2013 passed by the Additional Civil Judge (Sr. Div.)/Additional Small Causes Judge, Varanasi in Original Suit No. 22 of 2011 by which issue No. 2 has been decided against the plaintiff-petitioner and the suit has been valued at Rs. 11,13, 500/- with direction to the plaintiff-petitioner to suitably amend his plaint.

2. The facts relevant for deciding the instant petition are that Original Suit No. 22 of 2011 was instituted by the petitioner-plaintiff in the Court of Additional Civil Judge (Sr. Div.), Varanasi for declaration that sale-deed dated 22.5.2010 executed by the defendants 2 to 4 in favour of the defendant No. 1 be declared null and void and that information of the above be sent to the Sub-Registrar concerned. The plaint case was that the suit property originally belonged to one Lalji, whose nephew was the plaintiff; that Lalji executed a registered Will of the suit property during his life time in favour of the plaintiff, thereby
































































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