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2014 Supreme(All) 2033

DEVENDRA KUMAR UPADHYAYA
Saurabh Soni – Appellant
Versus
S & P Infrastructure Developers (P) Ltd. – Respondent


Advocates Appeared:
For the Revisionist :Mohd. Adil Khan, Mohd. Aslam Khan and Moluiddin, Advocates
For the Opposite Party :Hari Om Singh, Advocate

JUDGMENT :

Devendra Kumar Upadhyaya, J.

Heard Shri Mohd. Arif Khan, learned Senior Advocate, assisted by Shri Mohd. Adil Khan and Shri Hari Om Singh, learned counsel for the sole opposite party.

2. Through the instant revision petition, the order dated 11.07.2011, passed by the Civil Judge, (Senior Division), Lakhimpur Kheri, has been assailed on the ground that issue no.3 which related to valuation of the suit and the court fee has wrongly been decided keeping in view the prayer clause made in the plaint.

3. I have heard the arguments advanced by learned counsels appearing for respective parties and perused the record of the court below.

4. A suit before the court below for permanent injunction was filed by the revision applicant (plaintiff) against the opposite party-defendant with the prayer that a decree for permanent injunction be granted in favour of the plaintiff against the defendant to the effect that the defendant will not transfer the Hot Mix Plant mentioned in para 3 of the plaint and the other machinery anywhere till the work of all four projects mentioned in para 1 of the plaint are complete and the accounts of the aforesaid four projects are settled.

5. A written statement



















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