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Showing contexts for: declaration simplicitor in Sh. Ravinderjit Singh Sethi vs Smt. Gurbachan Kaur on 23 November, 2011Matching Fragments
11. Ld. Counsel for the plaintiff on the other hand has stated that he is seeking declaration simplicitor and for declaration simplicitor, the plaintiff is at liberty to put the value of the suit as he wishes to. The minimum value prescribed is Rs. 200/ and it has been done by the plaintiff and on that,the requisite court fee of Rs. 20 has been affixed. Ld. Counsel for the plaintiff in support of his contention has relied upon the judgment of Hon'ble Supreme Court reported as Suhrid Singh @ Sardul Singh V/s Randhir Singh 2010 RLR 229 SC.
12. This contention of the Ld Counsel for the plaintiff is not tenable. The suit is simplicitor declaration when the other reliefs that are sought by the plaintiff can be given without the need of declaration and does not follow from it. The plaintiff is claiming himself to be the owner of the suit property on the basis of the alleged oral family settlement of the year 1995 entered into between the parties.
Suit No. 229/09 Page No. 5/18