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CHHATTISGARH HIGH COURT
N/A, J
Kalapataru Sales Private Limited Raigarh (Chhattisgarh) v. Deepak Agrawal and Others
| Table of Content |
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| 1. petitioner contests the requirement of ad valorem court fees based on alleged fraud. (Para 1 , 2 , 3) |
| 2. arguments presented concerning the nature of court fees required for declarations. (Para 4 , 5 , 6) |
| 3. court establishes precedent that executants must pay ad valorem fees. (Para 7 , 8 , 9 , 10) |
| 4. final judgment dismissing the petitions and ruling on court costs. (Para 11) |
1. In both the petitions under Art.227 of the Constitution of India the petitioner / plaintiff is aggrieved by the order passed by the trial Court directing the petitioner to pay ad valorem Court fees on the plaint. The direction has been issued while considering the respondent No.1 / defendant No.1's prayer for rejection of plaint under O.7 R.11 of the Code of Civil Procedure, 1908 ('the CPC' henceforth) for declaration that the petitioner is in possession and title holder of the suit land and the sale deed dated 9-4-2010 purportedly executed by the plaintiff in favour of the defendant No.1 is null and void being forged, therefore, not binding on the plaintiff. Prayer for issuance of permanent injunction to restrain the defendant No.1 from interfering with the plaintiff's possession has also b
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