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1963 Supreme(MP) 76

P.V.DIXIT, K.L.PANDEY
BADRILAL BHOLARAM – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
H.L.KHASKALAM, J.D.PATEL

PANDEY, J.

( 1 ) THIS appeal comes before us on a reference made by Newaskar J. for considering a question relating to court-tee on which divergent views have been expressed in Single Bench decisions of this Court. We have also heard, along with this reference, Civil Revision No. 244 of 1963, in which a similar question has been raised. This order shall dispose of the revision.

( 2 ) IN Civil Suit No. 8 of 1955, out of which this appeal arises, the plaintiff claimed a declaration that certain orders passed by officers of the Forest Department, whereby they imposed on him a liability for Rs. 16,318-8-0 on account of price of trees said to have been illegally felled and by way of penalty, were illegal and against the terms of the forest contract. The plaintiff further claimed a permanent injunction restraining the defendants from recovering the aforesaid amount. Since that suit was dismissed, he has filed this appeal. As in the Court of first instance, he has, in this appeal, valued the relief claimed at Rs. 1,600/-for purposes of court-fee and at Rs. 16,318-8-0 for purposes of jurisdiction.

( 3 ) IN Civil Suit No. 2-A of 1961, out of which the revision arises, the plaintiff states t













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