"Mahesh Chandra Tiwari vs Ram Dutt
2022 Latest Caselaw 260 UK

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      16.02.2022                        SA No.18 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 27.09.2021, passed by the learned Second Additional District Judge, Haldwani, District Nainital. In Civil Appeal No.09 of 2018, "Mahesh Chandra Tiwari vs. Ram Dutt Tiwari", whereby the learned First Appellate Court has dismissed the said appeal.

The first appeal was filed against the judgment and decree dated 16.01.2018, passed by the learned trial court in Original Suit No. 76 of 2015, "Ram Dutt Tiwari vs. Mahesh Chandra Tiwari" whereby the learned trial court allowed the original suit.

Heard Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Vinay Bhatt, learned counsel for the appellant and Mr. B.C. Pandey, learned Senior Advocate assisted by Mr. B.D. Pande, learned counsel for the respondent through video conferencing and perused the record.

This second appeal is admitted on the following substantial question of law:-

"Whether the valuation of the plaint of the plaintiff comes under Section 7 (V) of the Court Fees Act, 1870".

The learned counsel appearing for the respondent requested four weeks' time to file objection(s) to the interim relief application.

Post this case on 28.03.2022 for arguments on interim relief application as well as on merits.

(Alok Kumar Verma, J.) 16.02.2022

Neha