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+ CS(OS) No.2546/2010
ANU ..…Plaintiff
- versus -
CORAM:-
HON’BLE MR JUSTICE V.K. JAIN
CS(OS)No.2546/2010 Page 1 of 11
written statement has been filed after thirty days though
is condoned.
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and one of such properties is occupied by the plaintiff, who
also the grievance of the plaintiff that the defendants No.1 &
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whatsoever. It was also observed that where the plaint is
Singh Narula & Anr. Vs. Dharambir Sahni & Anr. 150
(2008) DLT 760 (DB), this Court reiterated that the power to
in a proper case.
11 of CPC.
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Court-fees Act, 1870, the value as determinable for the
direct that suits of that class shall, for the purposes of the
and the Punjab Court Act, 1918 the value of the whole of
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Suits Valuation Act, 1887.
all such suits the plaintiff shall state the amount at which
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6. After examining the decision of Supreme Court in
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partition is sought by him/her. If she claims to be in joint
Kumar Seth vs. Pawan Kumar Seth & Ors. 124 (2005) DLT
305:
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possession of any part of the properties
then the plaintiff has to pay Court fees
under section 7(iv)(b) of the Court fees Act
i.e. on the value of plaintiff's share.”
relief and pay court fee on the market value of his share in
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the name of wife of defendant No.1 and a stranger namely
this stage.
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on 5th January, 2012 for disposal of IA. In the meantime
date of hearing. They will also keep aside 1/6th of the rent
realized by them for the plaintiff and 1/6 th of the rent for
defendants No. 3 to 5.
V.K. JAIN,J
JULY 12, 2011
Sn/vn
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