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2023 Supreme(Online)(MP) 27312

MADHYA PRADESH HIGH COURT
Maninder S. Bhatti, J.
Ganeshi Bai Alias Guddi v. Ajab Singh


1. This petition is filed by the petitioner assailing the impugned order dated 30.04.2022 passed by the Civil Judge Senior Division, Berasia, District Bhopal, M.P. in Civil Suit No.239 - A / 2019.

2. Learned counsel for the petitioner / plaintiff contends that a suit has been filed by the Petitioner / plaintiff for declaration, permanent injunction and possession before the trial Court. In the prayer, the relief which is claimed by the petitioner is to the effect that a sale deed dated 10.12.2018 executed by the father of the Petitioner / plaintiff be declared as and void. The Petitioner / plaintiff has further prayed for possession of the property in question. The learned counsel contend that during pendency of the suit, an application was moved by the defendant under O.7, R.11 of the CPC and has prayed that though this suit is valued at Rs.22,55,000/-, ad valorem Court Fees in terms of S.7 (iv) (c) of this contract has not been paid and accordingly, the dismissal of Plaint was sought. The said application was opposed by the present petitioner / plaintiff, but the Court below has allowed this application vide impugned order dated 30.04.2022.

3. Learned counsel contend that the impug



























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