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2005 Supreme(MP) 40

S.K.PANDE
KAMALKISHORE – Appellant
Versus
JAGANNATH PRASAD – Respondent


Advocates Appeared:
G.S.BAGHEL, Naman Nagrath

( 1 ) THIS revision u/s. 115 C. P. C. is directed against the order dated 6-9-03 passed by District Judge, Sehore in C. S. No. 1-A/01. ( 2 ) PLAINTIFF/non-APPLICANT Late Jagannath Prasad and smt. Rajgunni instituted c. S. No. 1-A/01 seeking declaration of nullity of registered sale deeds dated 8-7-99 saidt to have been executed by plaintiff Late jagannath Prasad on the ground that defendant/applicants got executed the registered sale deeds aforesaid by practicing fraud and misrepresentation. As per para 15 of the plaint (Annexure A-1), fixed Court fees for declaration and injunction has been paid. Defendantapplicants inter alia contended mat the registered sale deeds dated 8-7-99 were executed in their favour for a consideration of Rs. 2,10,000/-, therefore, under Section 7 (iv) (c) of the Court Fees act, plaintiff/non-applicants are required to pay ad valorem Court fees. The Court below vide impugned order dated 6-9-03 held that payment of ad valorem Court fees for the relief of declaration and injunction as set up in plaint (Annexure A-1) is not required. Being aggrieved, defendant/applicants have preferred this revision u/s. 115 C. P. C. Admittedly, plaintiff Late Jagannath pras




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