CHHATTISGARH MOTOR WINDING Vs. MADHYA PRADESH FINANCIAL CORPORATION
HIGH COURT OF CHHATTISGARH
Chhattisgarh Motor Winding
MADHYA PRADESH FINANCIAL CORPORATION
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(1.) By the instant writ petition under Article 227 of the Constitution oflndia the petitioner has questioned the legalipropriety and correctness of the order dated 6-4-2005 passed by learned 3rd Civil Judge, Class-2, Bilaspur, whereby learned Civil Judge while upholding the objection raised by respondents has ordered that objection raised by defendants is correct and the plaintiff is directed to correct valuation by the next date otherwise application filed by respondents herein under Order 7 Rule 11 (B) shall be accepted.
(2.) The question, which requires consideration by this Court, is that whether the plaintiff/the petitioner herein was required to pay ad valorem Court fee to value the suit filed by him under Section 7(iv) (c) or (d) of the Court Fees Act, 1870 (for short the Act).
(3.) Brief facts necessary for the disposal of this writ petition are that the petitioner herein filed a civil suit for permanent injunction before the Court below with a prayer for issuance of the decree in favour of the petitioner and against defendants in the nature of permanent injunction that the defendants/respondents herein be prohibited from locking the business premises of the petitioner.;
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