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SMT. SUSHIL versus AMIT PORWAL & ANOTHER

High Court of Judicature at Allahabad

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Smt. Sushil v. Amit Porwal & Another - CIVIL REVISION DEFECTIVE No. 46 of 2006 [2006] RD-AH 12229 (25 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the revisionist-applicant.

The order under challenge in this revision is one whereby the court below has decided the preliminary issue formulated on the valuation of suit property in the negative and against the defendant-applicant. The court below has made its assessment of the valuation of the property on the basis of Amin's report against which some objections have been filed by the applicant-defendant but they have not been given due importance. The property under assessment of the court has been found worth Rs. 6.00 lacs and since the partition of 1/12 share of the suit property has been claimed by the plaintiff-opposite party, the courts fees paid in the suit was also found to be sufficient. There is no evidence led from the side of the defendant-applicant to show that the property in suit has less valuation and it should be valued at a particular amount. The burden is on the defendant only to prove this issue, which she has failed to discharge. In this view of the matter, if the issue has been decided in the negative by the impugned order, I do not find any legal or otherwise infirmity as to warrant an interference by this court under Section 115 C.P.C.

The revision petition is without any merit and is hereby dismissed.

25.07.2006

gp/46


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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