KANIZ FATIMA Vs. IMRAN KHAN

JUDGEMENT

(1.) Heard Shri P.K. Ganguli, learned counsel for the plaintiff appellant and Shri Sheikh Moazzam Inam, learned counsel for the sole respondent.

(2.) The instant appeal under Sec. 6A of the Court Fees Act, 1870 (hereinafter referred to as 'the Act of 1870') at the instance of plaintiff of Original Suit No. 576 of 2021 (Kaniz Fatima v. Imran Khan) questions correctness and legality of the order dtd. 13/12/2023 whereby the learned Civil Judge, (Senior Division), Gorakhpur has decided the issue No. 2 holding that though the suit has been correctly valued, the plaintiff has not deposited advalorem Court fees on market value of the property and, therefore, she has been called upon to deposit the advalorem Court fees.

(3.) Challenging the order impugned, Shri Ganguli submits that the defendant respondent is son of the plaintiff appellant and he committed a fraud in the manner that under the garb of getting executed a power of attorney from the appellant, he got executed and registered a gift deed dtd. 7/4/2021 and the appellant, having come to know about the fraud, instituted the suit in question claiming a decree for declaration to the effect that the gift deed be declared as null, void, forged and fabricated having no effect on the rights of the plaintiff and consequential information in this regard be sent to the Sub Registrar's office.