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2015 Supreme(MP) 855

ROHIT ARYA
Kamar Singh Rawat – Appellant
Versus
Makhan Singh Rawat – Respondent


Advocates:
S. K. Shrivastava for petitioner; D. D. Bansal for respondent.

ORDER

1. This petition, under Article 227 of the Constitution of India, is directed against the order dated 30.8.2013 passed by the trial Court allowing the application under Order 7 rule 11, CPC calling upon the plaintiff to pay the ad valorem court-fees on the valuation of the suit done at Rs.36,98,000/-.

2. Facts necessary for disposal of this writ petition are in narrow compass.

3. Plaintiff has filed a suit seeking declaration of title and permanent injunction in respect of suit land in question with further declaration that the sale deed dated 7.6.2012, executed by defendant no.1 in favour of defendant No.2, is void, illegal and ineffective, as well as, permanent injunction restraining defendants No.1 and 2 from interfering with the possession of the plaintiff.

4. Plaint allegations are to the effect that plaintiff and defendant No.1 are known to each other and mutual trust and faith existed between them. Defendant No.1 taking advantage of such relationship, fraudulently, mischievously and with oblique motive, got the signatures of the plaintiff on a blank paper under the pretext of getting prepared a credit card for him, but got prepared a general power of attorney purported t









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