SOVA RANI DUTTA Vs. ASHIS KUMAR DUTTA

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the Order No.12 dated September 15, 2011 passed by the learned Civil Judge (Senior Division), 2nd Court, Barasat in Title Suit No.12 of 2011 thereby directing the plaintiff to pay the ad valorem court fees on the valuation of the property mentioned in the alleged deed of gift.

(2.) The plaintiff/petitioner herein instituted the aforesaid title suit for a decree of declaration that the alleged gift deed bearing No.2423 of 2010 is not acted upon and binding upon the plaintiff, a decree of declaration that the alleged deed of gift is prepared fraudulently and by practising fraud upon the plaintiff, a decree of permanent injunction restraining the defendant no.1 not to enter into the suit property and/or physical possession and not to disturb the plaintiff in the suit property and/or not to cause wastage or damage of the suit property and/or not to change the nature and character of the suit property and other consequential reliefs.

(3.) The defendants are contesting the said suit and they filed an application under Section 151 of the C.P.C. contending, inter alia, that the suit has not been properly valued at the time of institution and as such, the plaintiff should be directed to pay the ad valorem court fees on the valuation as made in the deed of gift.