RAJENDRA NAUTIYAL Vs. DIWAKAR JAGURI

JUDGEMENT

(1.) By filing this writ petition under Article 227 of the Constitution of India, the plaintiff in civil suit no. 103 of 2012, of the court of 1st Additional Civil Judge (S.D.), Dehradun, has assailed the order passed by the said court on 31/3/2016 which was upheld by the learned District Judge, Dehradun in Miscellaneous Civil Appeal No. 38 of 2016.

(2.) The facts of the case are as follows:-

(3.) In this case, the petitioner/plaintiff has prayed for the following relief in the original suit i.e. a perpetual injunction against the defendants/ respondents. He also prayed for declaring the sale deed executed by defendant no. 1 and defendant no. 2 on 12/8/2011 as null and void. In this connection, the learned counsel for the parties submitted that the court fee should be valued as per Sec. 7(iv-a) of the Court Fees Act which is quoted below:-