SMT. REKHA AGARWAL Vs. MR. TAPAN KUMAR MISHRA AND ANOTHER
LAWS(CAL)-2018-6-248
HIGH COURT OF CALCUTTA
Decided on June 25,2018

Smt. Rekha Agarwal Appellant
VERSUS
Mr. Tapan Kumar Mishra And Another Respondents

JUDGEMENT

SABYASACHI BHATTACHARYYA,J. - (1.) The plaintiff in a declaratory suit in respect of an immovable property has preferred the instant revisional application, challenging an order whereby the court below allowed an application filed by the defendants/opposite parties under Order VII Rule 10 of the Code of Civil Procedure and returning the plaint for being presented before the proper forum, on the ground that the suit was under-valued in view of the reliefs claimed.
(2.) The suit from which the present revision arises was filed for the following reliefs: "a) Declaration that the purported agreements dated October 7, 2012 and February 27, 2013 are void, inoperative and not binding on the plaintiff; b) Decree directing the defendants and each of them to deliver up the said alleged agreements dated October 7, 2012 and February 27, 2013 so that the same are cancelled by the Office of this Learned Court; c) Permanent injunction restraining the defendants and each of them from disturbing or interfering with the plaintiff's peaceful occupation and enjoyment of the suit property in any manner whatsoever, whether by themselves, or through their men, agents, servants and/or assigns; d) Temporary injunction; e) Costs; f) Receiver; g) Further and/or other order or orders."
(3.) In such suit, the defendants/opposite parties filed an application for return of plaint on the ground that, in view of the nature of the reliefs claimed, the valuation of the suit ought to be at par with the valuation of the suit property and the valuation as assessed by the plaintiff was demonstratively below what it should be.;


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