2004 (7) TMI 699

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....This is an application filed by the plaintiff invoking Order VII Rule 11 read with Section 151 of the CPC for rejection of the Counter Claim filed by the Defendant. My attention has been drawn to paragraph 15 of the Counter Claim which reads thus:- "15. That parties are in joint occupation and/or symbolic possession of the suit properties, Therefore, for the purposes of Jurisdiction is va....

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....nts is valued at Rs. 18,54,500/-, ad-valorem Court Fee on this sum must be paid. 3. Mr. Sharma, learned counsel for the Defendant, on the other hand, relies on the asseverations made in paragraph 10 of the Counter Claim which is re-produced:- "10. That to the estimate of the counter claimant the total amount of the rent recovered and realised by the defendant/plaintiff Shri Vijay Singh....

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....er Claim is looked into, it will be evident that only a tentative valuation has been carried out. 5. Reliance has been placed on behalf of the plaintiff on a decision of this Court in Haresh Pharma-Chem vs . Max GB Ltd., 1998VAD(Delhi)931 , in which an injunction in respect of a Bank Guarantee for a sum of Rs. 45.51 lacs had been prayed for. There was nothing indefinite so far as the amounts th....

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....ecision of this Court in M/s. Commercial Aviation and Travel Co. (Inc.) and others vs . Vimla Panna Lal, AIR1986Delhi439 in which the Full Bench decision in Smt. Sheila Devi Versus Kishan Lal Kalra (1974) 2 Delhi 491 was discussed and followed. An understanding of these decisions lead to the conclusion that the Defendant is not liable, at this stage of the proceedings, to pay ad-valorem Court Fee ....