VIVEK RUSIA
Tarun Malkapurkar Thru. Power of Attorney Holder Smt. Manorama Koshti (Malkapurkar) – Appellant
Versus
Jitendra Agrawal – Respondent
Vivek Rusia, J.
With the consent of both the parties heard finally.
The petitioner being a plaintiff filed this petition being aggrieved by order dated 18.12.2013 passed by the 4th Civil Judge class-I, Indore, by which application under Order 7, Rule 11 of CPC has been allowed and a plaintiff was directed to value the suit and pay court fees accordingly.
2. According to the petitioner, he purchased an agricultural land by way of registered sale-deed dated 13.02.2003 and his name was recorded in the revenue records. It is alleged that the respondent No.1 prepared forged power of attorney dated 17.11.2008 and on the basis of same, transferred certain land owned by plaintiff by registered sale-deed dated 26.04.2009 in favour of respondent No.2. Thereafter, the plaintiff filed the suit seeking relief of declaration that the power of attorney dated 17.10.2008 is forged, null and void and the sale-deed was executed on the basis of said power of attorney is not binding upon the petitioner. After notice, the defendant/respondent appeared in the Court and filed an application under Order 7, Rule 11 and prayed that the plaintiff is required to pay ad-valorem court fees. The said applicat
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