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NIYOGI
MADHAORAO GANESH DESHPANDE – Appellant
Versus
KESHAO GAJANAN HUDDAR – Respondent
Niyogi—This is defendant 1's appeal from the order of remand made by the Second Additional District Judge, Nagpur, in Civil Appeal No. 43 of 1939 on 9th January 1940. Respondent 1 instituted the suit out of which this appeal arises for a declaration that the sale deed dated 4th March 1920 executed by his brother for himself and on his behalf was bogus and fraudulent and for possession of his half share in the house. At a somewhat advanced stage in the suit the appellant raised the pleas that the value of the house was Rs. 8000 and that the plaintiff was bound to pay court-fees on Rs. 4000, the value of his half share in the house. The trial Court found that the value of the house was Rs. 6000 and that the plaintiff was liable to pay court-fees on RS. 3000. The plaintiff was allowed to make good the deficient court-fees which he was unable to do with the result that his plaint was rejected under O.7, R. 11, Civil P.C. The plaintiff having appealed to the lower appellate Court, that Court concurred in the trial Court's finding that the value of the house is Rs. 6000 but was of opinion that the plaintiff was not liable to pay court-fees on the value of the improvements made by
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