The High Court of Rajasthan dismissed a civil revision petition challenging an order dismissing an application under Order 7 Rule 11 CPC. The court upheld the Trial Court's view that determining court value is a mixed question of fact requiring a final trial.
Revision petition dismissed on the ground of being devoid of merit.
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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. CIVIL REVISION PETITION NO.67 of 2015
VIKAS SHARMA S/O LATE SHRI PHOOL CHAND SHARMA, BY CASTE BRAHMIN, R/O OLD GRAIN MANDI, KUMHER, DISTRICT BHARATPUR(RAJ.)
VERSUS
Date of order : 21.09.2016
HON'BLE MR.JAINENDRA KUMAR RANKA,J.
Mr. Dinesh Kala Adv., for petitioner.
ORDER
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dismissed the application by holding that the issue relating to Court fees, is a mixed question of law & fact which can only be decided after the evidence being led and shall be considered at the final stage in accordance with law.
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(JAINENDRA KUMAR RANKA),J.
S.Kumawat Jr. P.A.
1 issue framed by the court
Whether the Trial Court erred in dismissing an application challenging the court fee payable by the plaintiff on grounds of insufficient evidence.
2 provisions across 1 enactments
Vikas Sharma
Moorti Shri Kishori Mohan Ji Maharaj
Executive Officer, Nagar Palika Kumher
Jainendra Kumar Ranka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
