D.N. BOSE Vs. SANTILATA CHATTERJEE

JUDGEMENT

(1.) This application under Sec. 115 of the Code of Civil Procedure is directed against the judgment and order dated July 12,1963, passed by the learned Subordinate Judge, Second Court, Alipore, in Misc. Appeal No. 739 of 1962 reversing the order dated July 5, 1962, passed by the learned Munsiff, Fourth Court, Alipore, in Title Suit No. 583 of 1960. The aforesaid suit, namely Title Suit No. 583 of 1960 in the Court of Fourth Munsif, Alipore, was instituted by the opposite party No. 1 against the Petitioners and the opposite parties Nos. 2 and 3 in order to challenge the validity of a certain mortgage decree passed on compromise in a suit instituted by the Petitioners. She also challenges in the present suit the validity of the mortgage bond on which the earlier suit instituted by the Petitioners was decreed on the basis of a compromise. In the present suit the opposite party No. 1 has prayed for following relief 's:

(2.) The only point for consideration is whether the valuation given by the Plaintiff opposite party No. 1 is to be accepted as correct valuation under Sec. 7(iv)(c) of the Court Fees Act. The lower appellate Court had given the following reason in support of its order accepting the Plaintiff's valuation:

(3.) The Rule is, accordingly, discharged. There will be no order for costs.