KANAI LAL DUTTA Vs. SRI BABU DAS BAIRAGYA

JUDGEMENT

(1.) Party/Parties are represented in the order of their name/names as printed above in the cause title.

(2.) Mr. Ghosal, Learned Counsel appearing for the applicant in the Review Application submits that the judgment and order of this Court dated the 7th November, 2014 is reviewable. Learned Counsel points out that this Court erred in holding that the valuation in the suit could be based on the plain declaratory relief as claimed by the Plaintiff/Present Opposite Party (OP)/Respondent.

(3.) Mr. Ghosal argues that the facts of this case admittedly show the Plaintiff/OP/Respondent in the Review Application to be a party executant of the Deed of Gift in issue. In the position of a party executor to the Deed of Gift in issue, the only course open for the Learned Trial Court is to adopt a measure of valuation based on the document itself, viz. the value of the property.