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Chumka Devi v. Additional District Judge/Special Judge (E.C.Act) & Ors. - WRIT - C No. 8392 of 2006 [2006] RD-AH 3506 (15 February 2006)


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Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the parties.

The petition challenges the impugned order dated 28.11.2005 whereby the revisional court has remanded the matter after setting aside the findings recorded by the trial court in respect of issue regarding valuation of suit property and payment of court fees.

The court while remanding the matter has pointed out several short-comings in discussion on the issue recorded by the trial court and has thus expected the court to look into all those sides of the case and then decide the issue.

Learned counsel appearing for the petitioner submits that the respondents plaintiffs have meanwhile moved the injunction application, which should not be given priority for the decision on the issue of valuation of suit property and payment of court fees.

In view of the aforesaid facts and circumstances, when the matter is of payment of court fees and valuation of suit property to be decided by the court below, the order of the revisional court in any respect does not appear to have any legal or procedural error and the same cannot be disturbed in the present writ petition. It is however, observed that the trial court while taking up the suit for further proceeding may decide the issue and thereafter the injunction matter almost simultaneously. In case there is any difficulty the issue may be decided first and thereafter injunction matter.

With the aforesaid observation, the writ petition is disposed of.




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