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2023 Supreme(All) 104

MANISH MATHUR
Sushil Suri – Appellant
Versus
Harish Suri – Respondent


Advocates Appeared:
For the Revisionist : Pritish Kumar, Shantanu Gupta.
For the Opposite Party : Akber Ahmad, Harsh Vardhan Mehrotra.

JUDGMENT :

[MANISH MATHUR, J.]

1. Heard Mr. Pritish Kumar assisted by Mr. Shantanu Gupta Advocate learned counsel for petitioner, Mr. S.K. Kalia Senior Advocate assisted by Mr. Akber Ahmad learned counsel for opposite party No.1 and Mr. Abhinav Bhattacharya learned counsel for opposite parties 3 and 4.

2. Learned counsel for party admit that the opposite party no.2 is in relation to the opposite parties no.3 and 4, who are already represented and notices may be dispensed with. In view of aforesaid, notices to opposite party no.2 stand dispensed with and case is being adjudicated at admission stage with consent of learned counsel for parties since no questions of fact are involved.

3. Civil Revision under Section 115 of the Code Civil Procedure has been filed against order dated 3rd December, 2022 passed in regular suit No. 342 of 2015 whereby preliminary issue No.3 regarding valuation of suit and court fees paid thereon has been decided against revisionist-plaintiff.

4. Learned counsel for revisionist submits that revisionist had filed suit for partition of properties indicated in the plaint which included one residential plot, one commercial plot and a building. It is submitted that

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