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2022 Supreme(All) 786

Vijay Dembla – Appellant
Versus
Sanjay Dembla – Respondent


Advocates Appeared:
For the Appellant : Brijesh Kumar

JUDGMENT :

Sangeeta Chandra, J.

1. Heard Sri B. K. Saxena, learned counsel for the revisionist and Sri Ratnesh Chandra, learned counsel for the opposite party no.1.

2. This Revision has been filed challenging the order dated 04.04.2022 passed in Original Suit No. 256 of 2007, ‘Vijay Dembla vs. Sanjay Dembla and Others by the Court of Civil Judge(Senior Division), Lucknow where the learned Trial Court has decided the issue of Valuation of the Suit i.e. Issue no. 3 and also Issue no.4 relating to payment of enhanced court fee thereon.

3. It has been submitted by the learned counsel for the revisionist that the plaintiff i.e. the petitioner filed a Suit for Declaration of Will executed by his mother and also the mother of the opposite party no.1 and 2, Late Rekha Devi Dembla as void and for the Permanent Injunction injuncting the defendant from interfering in the property in dispute. According to the Plaint, a copy of which has been filed as annexure-02 of the application for interim relief, paragraph 14 mentions the contents of the Will and states such contents as factually incorrect, and paragraph 53 mentions, the valuation for the purpose of pecuniary jurisdiction of court fee. As the

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