SHAM LAL L DOGARMAL Vs. OM PRAKASH L SANT RAM AGGARWAL
HIGH COURT OF PUNJAB AND HARYANA
SHAM LAL L.DOGARMAL
OM PRAKASH L.SANT RAM AGGARWAL
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Harnam Singh, J. -
(1.) In Regular First Appeal No. 139 of 1953 the question that has been referred for decision to this Bench is what amount of court fee should be charged on the memorandum of appeal.
(2.) Briefly summarised the facts of the case are these: On 17-7-1943 Om Prakash instituted suit for the recovery of rupees 16,259-6-0 by the sale of the mortgaged property against Khem Chand, Piare Lal and Sham Lal. In that suit on the basis of compromise final decree for the sale of the mortgaged property was passed against Khem Chand, Piare Lal and Sham Lal. In the execution of that decree the mortgaged property was sold by public auction and purchased by Wazir Chand on 15-12-.1951. Sham Lal instituted civil suit No. SO of 1952 for declaration that the decree passed on the basis of the compromise was inoperative and that defendants 1 to 3 be restrained from taking out execution proceedings against him. In the Court of first instance the value of the suit for purposes of jurisdiction was stated to be rupees 16,859-6-0 on the plaint court fee worth rupees 10/8 was paid. On 30-3-1953, the suit was dismissed with costs.
(3.) By Punjab Act XXXI of 1953 the legislature amended Section 7 of Act No. VII of 1870 by the addition of the following proviso to Clause (iv) (c) of Section 7 of the Court Fees Act, 1870, herein after referred to as the Act:
"Provided further that in suits corning under Sub-clause (c), in cases where the relief sought is with reference to any property such valuation shall not be less than the value of the property calculated in the manner provided for by Clause (v) of this section,";
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