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1996 Supreme(MP) 6

R.S.GARG
SABINA ALIAS FARIDA – Appellant
Versus
MOHD. ABDUL WASIT – Respondent


Advocates Appeared:
Lalwani, S.C.JAIN

R. S. GARG, J.

( 1 ) THE applicant-plaintiff being aggrieved by the order 21-2-92 passed in Civil Suit (unregistered) by the learned Ist Additional Distict Judge, Bhopal, directing the plaintiff to pay the proper Court-fee, has preferred this revision.

( 2 ) THE brief facts necessary for the present revision are that the plaintiff claiming to be an owner and title holder prayed for a declaration that the House No. 25 (the suit house) belongs to her exclusively and the defendant has no right and is not entitled to interfere with the possession of the plaintiff. For the purposes of the declaration the plaintiff valued the suit for Rupees Three lacs but, however, paid the fixed Court-fee under Schedule II, Article 17 of the Court-fees Act and for the purposes of the injunction valued it for Rs. 300/- and paid Court-fees Rs. 30/-, in all valued the suit for Rs. 3,00,300/- and paid Rs. 60/- as Court fees. The learned trial Court before registration of the suit, while checking the plaint came to the conclusion that the plaintiff has not properly valued the suit. It is note-worthy that in the order itself referring to State of M. P. v. Ramswarup, 1977 (2) MPWN 306 the Court below has obser







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