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2013 Supreme(MP) 765

SUJOY PAUL
Ajay Pratap Singh – Appellant
Versus
Kuldeep Singh – Respondent


Advocates Appeared:
Appearances :Mr. Santosh Agrawal, Advocate for the Petitioners
Mr. N.K. Gupta, Advocate for the Respondent No. 1
Mr. B.S. Bhadoria, Advocate for the Respondent Nos. 2 to 5.

JUDGMENT :

This petition under Article 227 of the Constitution is directed against order dated 17-7-2012 passed by the ADJ (FT), Mungawali in Case No. 19-A72010. By the order impugned, a preliminary issue No. 4 is decided by the Court below regarding proper valuation of the suit and payment of Court-fees on it.

2. The singular question involved in this matter is whether plaintiff was to pay ad valorem Court-fee and whether the order passed by the Court low directing otherwise is bad in law. It is not in dispute between the parties that the plaintiff was not executant/party to the sale deed and a relief is prayed by the plaintiff to declare the sale deed dated 29-5-2010 between defendant Nos. 1 to 4 and defendant Nos. 5 to 9 as void and ineffective qua the plaintiff. In the aforesaid Actual background, it is to be decided as to whether plaintiff is required to pay ad valorem Court-fee.

3. Shri Santosh Agrawal, learned Counsel for the petitioners, in support of his contention relied on Santosh Chandra and others Vs. Cyan Sunder Bai and others, 1970 JLJ 290 (FB), Manzoor Ahmed Vs. Jaggi Bai and others, 2009(4) M.P.H.T. 347 (DB) = 2009 (4) MPLJ 182, Sunil Vs. Awadh Narayan and others, 201

















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