This civil revision application challenged a trial court order directing a plaintiff to value a suit based on rent to determine court fees. The High Court held that valuation was correctly made by the trial court.
The civil revision application was dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR
CIVIL REVISION APPLICATION NO.73/2008
Bhaskar s/o Shamrao Dhopate
..Versus...
Bhaktraj Sewakramji Gaurkhede
-------------------------------------------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders.
[Shri A.J. Thakkar, Adv. for applicant] [Shri N.V. Dafrey, Adv. for respondent]
CORAM :- A.B. CHAUDHARI, J. DATED :- 06.10.2008
Heard learned Counsel for the rival parties.
The trial Court has directed the plaintiff to value the suit correctly on the basis of rent. The valuation has accordingly been made by the Court and ordered plaintiff to pay court fee. This is the order which is under challenge in this revision.
Learned Counsel for applicant states that valuation fixed by the Government agency on ready reckoner basis should have been the criteria for valuation of the suit.
2
In the light of the decision in the case of Shrikrishna Bhau Parab & others...Versus...Dr. Mrs. Roshan S. Boyce, reported in 1995 (1) Bom.C.R. 429 , the valuation has been correctly made by the trial Court. No interference is called for. Civil Revision Application is dismissed. No order as to costs.
JUDGE
ssw
1 issue framed by the court
Whether the trial Court had the authority to direct the plaintiff to value the suit on the basis of rent for calculating court fees.
Colour shows how this judgement treated each authority
Shrikrishna Bhau Parab & others...Versus...Dr. Mrs. Roshan S. BoyceFollowed¶14
1995 (1) Bom.C.R. 429 · Who else cites this
Bhaskar s/o Shamrao Dhopate
Bhaktraj Sewakramji Gaurkhede
A.B. CHAUDHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
