MANOJ KUMAR GUPTA Vs. SHEELA DEVI & ORS

JUDGEMENT

(1.) The challenge by means of these petitions under Section 115 of the Code of Civil Procedure, 1908 (CPC) is to the impugned orders of the trial court dated 7.6.2014 by which the trial court has held that the suit is properly valued for the purposes of court fee and jurisdiction. In order to appreciate the issue in the present case, the reliefs which are claimed in the plaint are required to be referred to and the same read as under:-

(2.) As per these reliefs which are claimed, trial court has made the following observations in paras 5 and 6 of the impugned judgment dated 7.6.2014 for holding that the suit is properly valued by fixing ad valorem court fee on the value of the document which is sought to be declared as null and void and which paras 5 and 6 of the impugned judgment read as under:-

(3.) Supreme Court in the judgment in the case of Suhrid Singh alias Sardool Singh Vs. Randhir Singh and Ors., 2010 12 SCC 112, and which has been referred to by the trial court in para 5 of the impugned order, has held in paras 7 and 8 as under:-