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1988 Supreme(SC) 424

M.M.DUTT, RANGANATH MISRA
Commercial Aviation And Travel Company – Appellant
Versus
Vimla Pannalal – Respondent


Advocates:
G.S.SISTANI, K.C.DUA, M.K.S.MENON, P.H.Parekh, RAJINDER SACHAR, S.K.MEHTA, SOLI J.SORABJI

Judgment

DUTT, J. :- Special leave is granted. Heard learned Counsel for the parties.

2. This appeal is at the instance of the defendants and is directed against the judgment of the Division Bench of the Delhi High Court whereby the Division Bench affirmed the judgment of a learned single Judge of that Court rejecting the contention of the appellants that the suit was undervalued by the plaintiff-respondent and, accordingly, the plaint should be rejected under clause (b) of Rule 11of Order VII of the Code of Civil Procedure.

3. The respondent who is the plaintiff, has filed a suit against the appellants, inter alia, for dissolution of partnership and for accounts. The suit has been valued for the purpose of jurisdiction at Rs. 25 lakhs and at Rs. 500/- for the purpose of court-fee.

4. The appellants filed an application wherein a preliminary objection was raised as to the valuation of the suit. It was contended by them that the relief sought for in the suit had been grossly undervalued and the Court should reject the plaint under Order VII, Rule 11(b) of the Code of Civil Procedure. The learned single Judge of the High Court overruled the said preliminary objection and held that the su































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