SHAMSHER SINGH Vs. RAJINDER PRASHAD
LAWS(SC)-1973-8-23
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on August 03,1973

SHAMSHER SINGH Appellant
VERSUS
RAJINDER PRASHAD Respondents





Cited Judgements :-

GOLDEN TRINGLE FORT and PALACE PVT LTD VS. RAJKUMARI SIDHI KUMARI [LAWS(RAJ)-2002-9-17] [REFERRED TO]
NIWAS KHANDSARI UDYOG VS. CANARA BANK BIJNOR [LAWS(ALL)-1998-7-88] [REFERRED TO]
RADHA KISHAN MUNDA VS. MANNU LAL SAHU [LAWS(MPH)-2012-8-391] [REFERRED TO]
VIJAY JAGDISH CHHEDA VS. DIMPLE VIJAY CHHEDA [LAWS(BOM)-2018-4-19] [REFERRED TO]
RAMAYAN SHARMA VS. SITA DEVI AND OTHERS [LAWS(CHH)-2016-6-12] [REFERRED]
DHARMENDRA PRASAD VS. BENI PRASAD [LAWS(PAT)-1995-12-68] [REFERRED TO]
KENCHAWWA VS. AMAGONDA [LAWS(KAR)-1988-2-32] [REFERRED TO]
NABHA INVESTMENT PRIVATE LIMITED VS. HARMISHAN DASS LUKHMI DASS [LAWS(DLH)-1995-3-75] [RELIED ON]
BOARD OF TRUSTEES KANDLA PORT TRUST VS. MULRAJ ASHOKKUMAR MATHREJA [LAWS(GJH)-1985-8-25] [REFERRED]
SAGAR TALKIES BARODA VS. YOGESHKUMAR AMBALAL THAKKAR [LAWS(GJH)-1975-8-15] [REFERRED]
STATE OF GUJARAT VS. STATE BANK OF SAURASHTRA [LAWS(GJH)-1994-6-4] [REFERRED TO]
RAM KRISHNA DHANDHANIA VS. CIVIL JUDGE SR DIVN [LAWS(ALL)-2005-7-92] [REFERRED TO]
NIRMALCHAND JAIN VS. CHAKRESH KUMAR JAIN [LAWS(MPH)-2018-5-151] [REFERRED TO]
AJAYAKUMER VS. JYOTHI [LAWS(KER)-2022-6-390] [REFERRED TO]
ARUN KUMAR GOYAL VS. PAYAL AGGARWAL [LAWS(P&H)-2013-4-193] [REFERRED TO]
SARABJIT KAUR VS. AVTAR SINGH AND OTHERS [LAWS(P&H)-2013-4-209] [REFERRED TO]
NATARAJAN VS. JACOB MANOHAR [LAWS(MAD)-2014-9-96] [REFERRED TO]
ANANT BALKRISHNA NAIK VS. GOVIND DATTA GAUNDALKAR [LAWS(BOM)-1976-1-41] [REFERRED]
AJMER SINGH ETC VS. BEHAL SINGH ETC [LAWS(P&H)-1975-4-44] [REFERRED]
NARESH KUMAR VS. HAKAM SINGH AND OTHERS [LAWS(P&H)-1978-9-27] [REFERRED TO]
RAJU ALIAS M SENGODA ASARI VS. K R PONNUSAMY [LAWS(MAD)-2000-10-50] [REFERRED TO]
JYOTSNABEN RAMESHCHANDRA JASANI VS. AVANISH CHIMANLAL MANIAR [LAWS(GJH)-2013-7-344] [REFERRED TO]
NADE ALI MIRZA AND ORS. VS. KHALIDA MOHAMMED SALIM DAWAWALA AND ORS. [LAWS(APH)-2015-10-42] [REFERRED TO]
SASHI KANTA SARMA AND ANOTHER VS. RAM KANTA SARMA AND OTHERS [LAWS(GAU)-1988-4-13] [REFERRED TO]
MAHESHPUR TEA AND INDUSTRIES PRIVATE LIMITED VS. MANTALA TEA COMPANY LIMITED [LAWS(GAU)-2001-2-9] [REFERRED TO]
JASPAL SINGH AND ORS. VS. GURBINDER SINGH [LAWS(P&H)-2015-2-416] [REFERRED TO]
DAYARAM @ DINESH KUMAR S/O SAJJAN SINGH THAKUR VS. MANOHAR NETAM S/O RAMCHANDRA NETAM [LAWS(CHH)-2017-12-23] [REFERRED TO]
GORAKH NATH UPADHYA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-1986-1-75] [REFERRED TO]
GEMINI CONTINENTAL P LTD VS. DISTRICT JUDGE LUCKNOW [LAWS(ALL)-1998-9-29] [REFERRED TO]
MEERA SINHA VS. GIRJA SINHA [LAWS(PAT)-2008-10-2] [REFERRED TO]
AMOLAK SINGH TUTEJA VS. MUNNI BAI SHARMA [LAWS(MPH)-2017-4-25] [REFERRED TO]
VEENA BAHL VS. VISHNU KUMAR [LAWS(ALL)-2005-8-85] [REFERRED TO]
MOKARIM NASKAR & ORS. VS. R.J. HOMES PVT. LTD. & ORS. [LAWS(CAL)-2017-4-162] [REFERRED TO]
BOARD OF TRUSTEES, KOLKATA PORT TRUST VS. RADHYA SHYAM GOND [LAWS(CAL)-2019-3-177] [REFERRED TO]
A LEELA VS. PALANIYANDI [LAWS(MAD)-1998-2-6] [REFERRED TO]
SOLAIAMMAL VS. RAJARATHINAM [LAWS(MAD)-2003-10-131] [REFERRED TO]
ANSILAMM VS. JOHN SELVARAJAN [LAWS(KER)-2022-8-92] [REFERRED TO]
KUNTI DEVI RAMDAS VS. ROSHANLAL RAMDAS [LAWS(MPH)-1986-9-11] [REFERRED TO]
T S Sridharan VS. M F Simon [LAWS(MAD)-2005-2-169] [REFERRED TO]
LABH SINGH VS. PURAN SINGH [LAWS(P&H)-1977-10-14] [REFERRED TO.]
SURJIT SINGH VS. KARTAR SINGH [LAWS(P&H)-1984-11-90] [REFERRED]
NEW DELHI MUNICIPAL COUNCIL VS. PROMINENT HOTELS LIMITED [LAWS(DLH)-2015-9-98] [REFERRED TO]
WE-BUILD PVT LTD VS. C KAMALESWARAN [LAWS(KER)-1981-8-17] [REFERRED TO]
RAJ KUMAR VS. DADU DAYAL TRUST [LAWS(P&H)-2006-8-206] [REFERRED TO]
MR. SADHU SINGH AND ORS. VS. GURDEV KAUR AND ORS. [LAWS(P&H)-2000-2-111] [REFERRED TO]
MD HAFIZ VS. NOORJAHAN [LAWS(GAU)-1987-7-5] [REFERRED TO]
SMT. SWARN KANTA AND ANOTHER VS. AMAR CHAND TAMRA AND OTHERS [LAWS(P&H)-2010-12-694] [REFERRED TO]
HARISH PATEL VS. SANJAY KUMAR [LAWS(MPH)-2013-10-180] [REFERRED TO]
EDWARD MEGANJI AND OTHERS VS. SULTAN SINGH AND OTHERS [LAWS(MPH)-2014-4-202] [REFERRED]
PANKAJAKSHA KURUP VS. FATHIMA [LAWS(KER)-1998-3-8] [REFERRED TO]
P P S PILLAI VS. CATHOLIC SYRIAN BANK [LAWS(KER)-1999-12-41] [REFERRED TO]
HOSIARI DEVI VS. JAGAT SING [LAWS(DLH)-2006-11-224] [DISTINGUISHED]
BASKARAN VS. SENTHILKUMAR ALIAS SENTHILBALA [LAWS(MAD)-2010-4-609] [REFERRED TO]
NAKHYATRAMALI DEBI VS. CHANDRASEKHAR PATTNAIK [LAWS(ORI)-1976-11-4] [REFERRED TO]
TINPLATE COMPANY OF INDIA LTD VS. BANU STEEL INDUSTRY MYSORE [LAWS(KAR)-2010-2-51] [REFERRED TO]
SARJIWAN SINGH VS. DELHI VIDYUT BOARD [LAWS(DLH)-2004-3-84] [REFERRED TO]
SURENDER ARORA VS. P N MEHTA [LAWS(DLH)-1998-1-83] [REFERRED]
S K KUMARASWAMI VS. S R SOMASUNDARAM [LAWS(MAD)-1994-11-96] [REFERRED TO]
R. MUTHAMMAL VS. NARMADA [LAWS(MAD)-1975-3-55] [REFERRED TO.]
ABDUL RASHID WAGAY AND OTHERS VS. GHULAM RASOOL LONE AND ANOTHER [LAWS(J&K)-2018-3-62] [REFERRED TO]
SRI SUBH KARAN SHARMA @ RIDHKARAN SHARMA AND ANOTHER VS. SHREE SHREE ISHWAR LAKSHMI NARAYAN JEW AND SHREE SHREE ISHWAR CHANDI THAKURANI [LAWS(CAL)-2018-7-248] [REFERRED TO]
DEEPAK KUMAR S/O SHRI MANNULAL GARG VS. KOMALSHAND S/O SHRI JETHMAL KOTHARI AND OTHERS [LAWS(MPH)-2015-8-194] [REFERRED]
JUGAL KISHORE AND ANOTHER VS. DR. PIRBHU DAYAL AND ANOTHER [LAWS(P&H)-1980-8-33] [REFERRED TO]
VISVARAMA HOTELS LTD VS. ANJUMAN E IMAMIA [LAWS(KAR)-1984-8-9] [FOLLOWED ON]
SIVA MUTHUBALU CHETTIAR VS. KATHERASAN CHETTIYAR [LAWS(MAD)-2005-4-55] [REFERRED TO]
P.K. RAMASAMY VS. VASUMATHY AND ORS. [LAWS(MAD)-2012-6-405] [REFERRED TO]
SHRI SASHI KANTA SARMA & ANR. VS. SHRI HEM KANTA SARMA & ORS. [LAWS(GAU)-1988-4-17] [REFERRED TO]
Y KESHAVA SHARMA VS. K VENUGOPAL RAO [LAWS(APH)-2009-8-50] [REFERRED TO]
HIMANSHU VS. KAILASH RANI [LAWS(P&H)-2003-11-16] [REFERRED TO]
STEEL AUTHORITY OF INDIA VS. M/S. RAJA STEEL WORKS [LAWS(P&H)-2017-8-69] [REFERRED TO]
GANESH PRASAD VARMA VS. GOVERDHAN DASS [LAWS(ALL)-1974-11-3] [REFERRED TO]
ASHOKA BUILDERS AND PROMOTERS VS. EDWARD KEVENTER SUCCRS PRIVATE LIMITED [LAWS(DLH)-1994-11-8] [REFERRED TO]
SUBHASH CHANDRA VS. DEVI AHILYABAI HOLKAR EDUCATIONAL TRUST THRU MAHARANI USHADEVI THRU POWER OF ATTORNEY KAMALJE [LAWS(MPH)-2016-10-70] [REFERRED TO]
SUBHASH CHANDRA VS. DEVI AHILYABAI HOLKAR EDUCATIONAL TRUST THRU [LAWS(MPH)-2017-10-116] [REFERRED TO]
RAJEEV METALS VS. D.S.I.D.C. LTD. AND ORS. [LAWS(DLH)-2011-5-457] [REFERRED TO]
V M GUPTA VS. SHASHI GUPTA [LAWS(DLH)-2010-11-125] [REFERRED TO]
SUJATA SHARMA VS. MANU GUPTA [LAWS(DLH)-2010-2-264] [REFERRED TO]
SREEKUMARAN VS. STATE OF KERALA [LAWS(KER)-1996-1-58] [REFERRED TO]
ARADHANA GUPTA & OTHERS VS. POORAN SINGH & OTHERS [LAWS(MPH)-2013-10-278] [REFERRED]
RAJESH KUMAR VS. MAHAVIR PRASAD [LAWS(CHH)-2018-9-6] [REFERRED TO]
SHRI GOURI GANESH SHRI BALAJI CONSTRUCTIONS VS. EXECUTIVE ENGINEER, PWD [LAWS(MPH)-2018-5-164] [REFERRED TO]
ASHOK VS. NARASINGH RAO [LAWS(MPH)-1974-10-7] [REFERRED TO]
SURYA KANT RAJA RAM GUPTA VS. RAJARAM CORN PRODUCTS LTD [LAWS(MPH)-1997-11-8] [REFERRED]
MOHAMMAD JAMEEL KHAN VS. MITHTHU LAL [LAWS(MPH)-1998-10-32] [REFERRED TO]
SUMER SINGH VS. AMAR SINGH [LAWS(P&H)-2012-7-146] [REFERRED TO]
SHEELCHAND BHAGWANDAS JAIN VS. BABULAL BHAGWANDAS JAIN [LAWS(MPH)-1978-9-17] [REFERRED TO]
NILIMA BOSE VS. SANTOSH KUMAR GOSH [LAWS(CAL)-1996-3-8] [REFERRED TO]
K PALANISWAMY VS. S B SUBRAMANI [LAWS(MAD)-2006-12-95] [REFERRED TO]
TH ANEES AHAMED VS. UNION BANK OF INDIA [LAWS(MAD)-2012-6-70] [REFERRED TO]
MAHARANI BAGH RESIDENT WELFARE ASSOCIATION VS. MUNICIPAL CORP OF DELHI [LAWS(DLH)-2012-3-356] [REFERRED TO]
BALVINDER KAUR AND OTHERS VS. JIWAN LAL AND OTHERS [LAWS(P&H)-1990-8-156] [REFERRED]
HIMALAYAN RASAYAN PRIVATE LIMITED VS. MAHARASHTRA ELECTRICITY BOARD [LAWS(RAJ)-1980-11-5] [REFERRED TO]
RANJIT SINGH VS. BALKAR SINGH [LAWS(P&H)-1999-7-150] [REFERRED TO]
BEENA VS. RAJINDER KUMAR [LAWS(P&H)-2006-1-114] [REFERRED TO]
YUV RAJ VS. BALWANT SINGH [LAWS(P&H)-2006-5-373] [REFERRED TO]
SHANKAR LAL SHARMA VS. BABULAL [LAWS(ALL)-2014-1-285] [REFERRED TO]
BHARPOOR SINGH AND ANOTHER VS. LACHHMAN SINGH [LAWS(P&H)-2017-1-95] [REFERRED TO]
PRAKASH BALARAM NICHANI VS. MOHANDAS PARSHURAM [LAWS(BOM)-2008-7-78] [REFERRED TO]
HARESH PHARMA CHEM VS. MAX GB LIMITED [LAWS(DLH)-1998-4-7] [REFERRED]
SHANKUTALA RANI VS. RAJESH BHATT DECD [LAWS(DLH)-1999-4-3] [REFERRED TO]
SHYAMCHARAN PAUL VS. ROOPALI PROMOTERS AND CONTRUCTION [LAWS(MPH)-2009-2-4] [REFERRED TO]
NEELAM JAIN VS. NARAYAN PRASAD [LAWS(MPH)-2012-12-17] [REFERRED TO]
SITA RAM PATHAK VS. GOPAL PATHAK AND OTHERS [LAWS(MPH)-2017-3-30] [REFERRED TO]
GOMATIPRASAD VS. MAHESH SINGH [LAWS(MPH)-2017-3-70] [REFERRED TO]
VISHAL PIPES LIMITED VS. BHAVYA PIPE INDUSTRY [LAWS(DLH)-2022-6-90] [REFERRED TO]
BHAGWANLAL SHARMA VS. GOVERNMENT KAMLA NEHRU KANYA UCHCHATAR MAHAVIDYALAYA [LAWS(MPH)-2024-1-128] [REFERRED TO]
PATEL DASHRATHBHAI MOHANBHAI AND OTHERS VS. BHAGAT TRIKAMBHAI BHAILAL AND ANOTHER [LAWS(GJH)-1982-10-31] [REFERRED TO]
UAAJAN S O MOOLCHAND KULMI VS. DUGDH UTPADAK SAHAKARI SAMITI CHATURPURA [LAWS(MPH)-1991-6-13] [REFERRED TO]
SITARAM VS. MAHARAJA GOVINDSINGHJOO DEO [LAWS(MPH)-1974-1-13] [REFERRED TO]
RAWEN CH. MARAK VS. STATE OF MEGHALAYA [LAWS(MEGH)-2019-2-30] [REFERRED TO]
SUBHASH CHAND JAIN VS. CHAIRMAN M P ELECTRICITY BOARD [LAWS(MPH)-2000-9-61] [REFERRED TO]
SURENDRA KUMAR AHUJA VS. WAZEER CHAND AHUJA [LAWS(ALL)-2017-1-278] [REFERRED TO]
SAMBHU NATH SINGH VS. SANKARANANDA BANERJEE [LAWS(CAL)-1981-2-12] [REFERRED TO]
BALASUBRAMANIAM VS. MASILAMANI [LAWS(MAD)-2011-6-285] [REFERRED TO]
INDUSTRIAL CO-OPERATIVE BANK LTD. VS. BHUBANESWAR BARTHAKUR [LAWS(GAU)-1982-9-1] [REFERRED TO]
RAGAM YELLAIAH VS. CHINTHA SHANKARAIAH [LAWS(APH)-2003-1-99] [REFERRED TO]
SOMPALLI VENKATARATHAM VS. KILARI LINGAIAH [LAWS(APH)-2004-6-52] [REFERRED TO]
CHHOTE LAL VS. ANSAL HOUSING AND ESTATE PVT LTD [LAWS(P&H)-2002-3-15] [REFERRED TO]
URVASHI BAI SHARMA VS. INDUMATI SHARMA [LAWS(CHH)-2015-5-6] [REFERRED TO]
JAYANT BHIMSEN JOSHI AND ORS. VS. RAGHAVENDRA BHIMSEN JOSHI AND ORS. [LAWS(BOM)-2015-10-73] [REFERRED TO]
KURIAKOSE VS. JOSEPH [LAWS(KER)-1988-6-48] [REFERRED TO]
SARVA PROPERTY VS. NIRMALA DEVI [LAWS(MPH)-2008-4-129] [REFERRED]
ASHOK KUMAR JAIN VS. PUNJAB AND SINDH BANK [LAWS(MPH)-2013-4-57] [REFERRED TO]
Prafulla Chandra Das VS. Anem Bhengra @ Munda [LAWS(ORI)-2009-10-35] [REFERRED TO]
S PERIASAMI VS. TMT CHELLAMMAL AND ANR [LAWS(MAD)-1979-6-51] [REFERRED]
K.C. GUPTA & ANOTHER VS. RAJAT GUPTA & OTHERS [LAWS(P&H)-2014-12-247] [REFERRED]
MAHANT P KRISHNANANDA GIRI GOSWAMY VS. STATE BANK OF MYSORE [LAWS(KAR)-1990-8-49] [REFERRED TO]
MAHARAJI EDUCATIONAL TRUST VS. PUNJAB AND SIND BANK [LAWS(DLH)-2006-1-46] [RELIED ON]
SONMA DEVI VS. URMILA DEVI [LAWS(PAT)-2009-2-62] [RELIED ON]
GOLAPMONI ROY VS. NANIGOPAL ROY [LAWS(CAL)-1979-5-12] [REFERRED TO]
BINAPANI HALDER AND ORS. VS. BINOY KRISHNA BANIK AND ORS. [LAWS(CAL)-2016-2-16] [REFERRED TO]
SMT. SWARN KANTA AND ANR. VS. AMAR CHAND TAMRA AND ORS. [LAWS(P&H)-2010-11-356] [REFERRED TO]
SWARN KANTA AND ANOTHER VS. AMAR CHAND TAMRA AND OTHERS [LAWS(P&H)-2010-12-697] [REFERRED]
CHHOTA SINGH VS. JIT SINGH [LAWS(P&H)-1975-2-9] [REFERRED TO]
LT COL JOSEPH GEORGE RETD VS. TRILBY ST CLAIRE SUARES [LAWS(MAD)-2006-11-248] [REFERRED TO]
KALYAN MUKHERJEE VS. RA­HUT SYNDICATE [LAWS(CAL)-1990-8-1] [REFERRED TO]
STATE OF RAJASTHAN VS. LALITA DEVI [LAWS(RAJ)-1980-4-5] [REFERRED TO]
JAI SINGH VS. JAI BHAGWAN [LAWS(P&H)-2000-1-67] [REFERRED TO]
BAGRAWAT VS. MEHAR CHAND [LAWS(P&H)-2001-2-49] [REFERRED TO]
K.K.VASANTHAKUMARY VS. K.G.CHANDRASHEKARAN [LAWS(KER)-2020-9-134] [REFERRED TO]
MEHAR SINGH VS. SHEHBAZ KHAN ETC [LAWS(P&H)-2008-1-305] [REFERRED]
MOHINDER SINGH VS. JAI PAL [LAWS(P&H)-2008-2-52] [REFERRED TO]
TARACHAND SAHU VS. GANESHSIYA BAI [LAWS(CHH)-2024-1-99] [REFERRED TO]
BENUDHAR JENA VS. PRABIR CHANDRA [LAWS(ORI)-1984-9-1] [REFERRED TO]
RAMSIYA VS. RAMKATORI [LAWS(MPH)-2012-10-15] [REFERRED TO]
HARI NARAIN VS. WILLIAMS [LAWS(ALL)-1976-2-24] [REFERRED TO]
DHARMENDRAPRASAD VS. BENI PRASAD [LAWS(PAT)-1995-12-10] [DISTINGUISHED ON]
RAMPUR DISTILLERY AND CHEMICALS COMPANY LIMITED VS. UNION OF INDIA [LAWS(DLH)-1995-1-93] [REFERRED]
MRS. J. KASTHURI AND ORS. VS. SETH GHANSHAMDAS VONSIMAL DEVA BANK [LAWS(MAD)-1979-1-62] [REFERRED TO]
ANKITA CHANDRAWAT VS. M.P. HIGH COURT [LAWS(MPH)-2016-6-116] [REFERRED TO]
KALYANSINGH NAGAR VS. RAJKUNWARBAI [LAWS(MPH)-2018-11-107] [REFERRED TO]
SHANTI DEVI VS. VIJAY KUMAR [LAWS(J&K)-1980-3-21] [REFERRED TO]
OMPRAKASH VS. SURATRAM [LAWS(MPH)-1993-2-35] [REFERRED TO]
MOHAN SINGH VS. BALBIR KAUR [LAWS(P&H)-1978-3-15] [REFERRED TO.]
LAXMIDAS N. MADHVANI VS. MADHVANI PRIVATE LTD [LAWS(BOM)-1985-8-42] [REFERRED TO]
RANJANI BALA RAKSHIT VS. BISWANATH RAKSHIT [LAWS(CAL)-1981-3-10] [REFERRED TO]
NABA KUMAR DAS VS. DAMODAR DAS [LAWS(CAL)-1991-4-2] [REFERRED TO]
CHINNANGI KONAR VS. PARAMASIVAM [LAWS(MAD)-1995-11-29] [REFERRED TO]
PADMARANI KARMAKAR VS. BHOLANATH CHANDRA [LAWS(CAL)-2012-10-8] [REFERRED TO]
R. RAVICHANDRAN VS. THE CORPORATION OF CHENNAI BY ITS COMMISSIONER [LAWS(MAD)-2012-4-263] [REFERRED TO]
MOLUGU RAM REDDY VS. MOLUGU VITTAL REDDY [LAWS(APH)-2011-4-37] [REFERRED TO]
BIJAY KUMAR SAHOO VS. GOKULA BIHARI MOHANTY [LAWS(ORI)-2011-5-1] [REFERRED TO]
PADHIYAR PRAHLADJI CHENAJI VS. MANIBEN JAGMALBHAI DECEASED THRO HEIRS [LAWS(GJH)-2018-10-32] [REFERRED TO]
MAHANT PURUSHOTTAM DASS VS. HAR NARAIN [LAWS(DLH)-1977-10-9] [REFERRED]
ASHOK KUMAR BAFNA VS. KEWALCHAND BAFNA [LAWS(MPH)-2012-4-35] [REFERRED TO]
Rameshchandra s/o Gopikishanji Rathi VS. Jayendrasingh s/o Mansingh Rajput [LAWS(MPH)-2002-8-105] [REFERRED TO]
PALANISWAMI VS. SUBBARAYA GOUNDER [LAWS(MAD)-1975-1-40] [REFERRED TO.]
BHUPINDER SINGH AND ANOTHER VS. GURDEV KAUR AND OTHERS [LAWS(P&H)-2017-1-374] [REFERRED TO]
ASHOK S/O POONAMCHANDJI AND 10 OTHERS VS. BHARAT HOUSING COOPERATIVE SOCIETY & OTHERS [LAWS(MPH)-2017-9-93] [REFERRED TO]
ANIL STARCH PRODUCTS LIMITED VS. GUJARAT LABOUR WELFARE BOARD [LAWS(GJH)-1982-12-5] [REFERRED]
M/S. ARCOY INDUSTRIES VS. THE STATE OF GUJARAT [LAWS(GJH)-1983-8-37] [REFERRED TO]
SABIR MOHAMMED YUSUF VS. SABIR ABDUL RAHMAN [LAWS(ALL)-2008-4-239] [REFERRED TO]
MANGLESH SHRIVASTAVA VS. MAHRABAN [LAWS(MPH)-2021-2-114] [REFERRED TO]
THIRUMALAI VS. PHILIPS [LAWS(MAD)-2022-5-41] [REFERRED TO]
SANTOSHCHANDRA VS. GYANSUNDARBAI [LAWS(MPH)-1974-7-10] [REFERRED TO]
SABINA ALIAS FARIDA VS. MOHAMMAD ABDUL WASIT [LAWS(MPH)-1996-1-30] [REFERRED TO]
NIRANJAN KAUR VS. NIRBIGAN KAUR [LAWS(P&H)-1981-6-8] [REFERRED TO]
B.RAGHUMARAN VS. PUSHPABAI [LAWS(MAD)-2016-6-236] [REFERRED TO]
JAYARANI VS. M ANJALATCHI [LAWS(MAD)-2011-7-379] [REFERRED TO]
BIJENDER SINGH VS. CHAND SINGH [LAWS(P&H)-2008-8-75] [REFERRED TO]
ASHOK KUMAR GOYAL VS. ARYA MITTAR [LAWS(P&H)-2006-12-70] [REFERRED TO]


JUDGEMENT

Alagiriswami, J. - (1.)This appeal raises the question of the court fee payable in the suit filed by the lst respondent and his minor brother the 2nd respondent against their father the 3rd respondent and the alienee from him the appellant.
(2.)On 13/7/1962 the father executed a mortgage deed in favour of the appellant of a property of which he claimed to be the sole owner for a sum of Rs. 16,000.00. The mortgagee, the appellant filed a suit on the foot of this mortgage and obtained a decree. When he tried to take out execution proceedings for the sale of the mortgaged property, respondents 1 and 2 filed a suit for a declaration that the mortgage executed by their father in favour of the appellant is null and void and ineffectual as against them as the property was a joint Hindu family property, and the mortgage had been effected without consideration and family necessity. On this plaint the plaintiffs paid a fixed court fee of Rs. 19.50 and the value of the suit for purposes of jurisdiction was given as Rs. 16,000. A preliminary objection having been raised by the appellant that the suit was not properly valued for purposes of court fees and jurisdiction, the Subordinate Judge tried it as a preliminary issue. He held that although the case is covered by Section 7 (iv) (c) of the Court Fees Act, the proviso to that section applied and directed the plaintiffs to pay court fee on the value of Rs. l6,000 which was the amount at which the plaintiffs values the suit for the purposes of jurisdiction. The court fee not having been paid the plaint was rejected. The plaintiffs thereupon carried the matter upon appeal before the High Court of Punjab and Haryana. Before that Court the plaintiffs did not seriously contest the position that the consequential relief of setting aside the decree within the meaning of S. 7 (iv) (c) of the Court Fees Act was inherent in the declaration which was claimed with regard to the decree. But taking the view that the plaintiffs were not at all bound by the mortgage in dispute or the decree, the High Court held that there was no consequential relief involved since neither the decree nor the alienation binds the plaintiffs in any manner. The 1st defendant in the suit has, therefore, filed this appeal.
(3.)Before us a preliminary objection was raised based on the observations of this Court in Rathnavarmaraja v. Smt. Vimla, AIR 1961 SC 1299 that the present appeal is not competent. In that case this Court observed that whether proper court-fee is paid on a plaint is primarily a question between the plaintiff and the State and that the defendants who may believe and even honestly that proper court-fee has not been paid by the plaintiff has still no right to move the superior courts by appeal or in revision against the order adjudging payment of court-fee payable on the plaint. But the observations must be understood in the background of the facts of that case. This Court was there dealing with an application for revision filed before the High Court under Section 115 of the Code of Civil Procedure and pointed out that the jurisdiction in revision exercised by the High Court is strictly conditioned by clauses (a) to (c) thereof and may be invoked on the ground of refusal to exercise jurisdiction vested in the Subordinate Court or assumption of jurisdiction which the court does not possess or on the ground that the Court has acted illegally or with material irregularity in the exercise of its jurisdiction, and the provisions of Sections 12 and 19 of the Madras Court Fees Act do not arm the defendant with a weapon of technicality to obstruct the progress of the suit by approaching the High Court in revision against an order determining the court fee payable. The ratio of that decision was that no revision on a question of court fee lay where no question of jurisdiction was involved. This decision was correctly interpreted by the Kerala High Court in Vasu v. Chakki Mani, AIR 1962 Ker 84 where it was pointed out that no revision will lie against the decision on the question of adequacy of court-fee at the instance of the defendant...........unless the question of court-fee involves also the question of jurisdiction of the court. In the present case the plaint was rejected under Order 7, Rule 11 of the C.P.C. Such an order amounts to a decree under Section 2 (2) and there is a right of appeal open to the plaintiff. Furthermore, in a case in which this Court has granted special leave the question whether an appeal lies or not does not arise. Even otherwise a second appeal would lie under S. 100 of the C.P.C. on the ground that the decision of the 1st Appellate Court on the interpretation of Section 7 (iv) (c) is a question of law. There is thus no merit in the preliminary objection.


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