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2016 Supreme(All) 381

SUNEET KUMAR
ASHOK KUMAR SINGH SENGAR – Appellant
Versus
OM PRAKASH CHATURVEDI – Respondent


Advocates:
Counsel :
Manjari Singh and Kunal Ravi Singh for the Petitioner; Atul Kumar Upadhyaya and Manu Khare for the Respondents.

JUDGMENT

Hon’ble Suneet Kumar, J.—The plaintiff-applicant has approached this Court assailing order dated 1 December 2015, passed in Civil Appeal No. 7 of 2015 rejecting the contention of lack of pecuniary jurisdiction of the appellate Court.

2. It is contended by the learned counsel for the applicant-plaintiff that the appellate Court would lack jurisdiction to entertain the appeal being under valued at 5 lakhs rupees. The valuation of the appeal should have been valued at 15 lakhs rupees i.e. 5 lakhs rupees for suit and 10 lakhs rupees for the counter claim.

3. The applicant instituted a suit being Original Suit No. 247 of 2003 (Ashok Kumar Singh Senger v. Om Prakash Chaturvedi and others) for permanent injunction and to declare the sale-deed dated 22 November 2003 a void document. The suit was valued at 5 lakhs rupees i.e. half of the sale price of the alleged sale-deed as the applicant claimed title over half of the suit property. The first and second respondents contested by filing written statement and a counter claim was sought seeking possession and damages of the disputed property. The counter claim was valued at 10 lakhs rupees i.e. value set forth in the sale-deed. The su





































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