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Shailendra Bhardwaj Vs. Chandra Pal [21/11/12]

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[Civil Appeal No. 8196 of 2012 arising out of SLP (Civil) No. 10958 of 2012]. The short question that has come up for consideration in this case is whether a suit filed seeking a declaration that a will and a sale deed are void, resulting their cancellation, will fall under Section 7(iv-A) of the Court Fees Act, 1870, as amended by the U.P. Amendment Act (Act XIX of1938) [for short 'the U.P. Amendment Act'] or Article 17(iii) of Schedule II of the Court Fees Act, 1870 for the purpose of valuation. Civil Suit No. 230 of 2006 was filed before the Court of the Civil Judge, Hathras, and U.P. seeking the following reliefs: "Decree may be passed in favour of the plaintiffs and against the defendants, declare null and void and invalid of the forged will dated 21.3.2003 and sale deed dated 12.1.2005 and cancel and its information sent to the office of Registrar Hathras. That the cost of the Suit may be decreed in favour of the plaintiff and against the defendants. That any other cost which may deem fit by the Hon'ble Court in favour of the plaintiff and against the defendants in the interest of Justice."

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