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1 - 6 of 6 (0.20 seconds)Section 39 in The Rajasthan Court Fees and Suits Valuation Act, 1961 [Entire Act]
Section 48 in The Rajasthan Court Fees and Suits Valuation Act, 1961 [Entire Act]
Puttamma vs Veerabhadra Mudaliar And Anr. on 16 November, 1950
In support of the question of jurisdiction Mr. Khejariwal cited before us Moolchand v. Ramkishan AIR 1933 All 249, Puttamma v. Veerabhadra AIR 1951 Mys 22, Renganath v. Subramainiam and Nandlal v. Mt Baratan All these authorities took the line which we might extract from the head-note of Moolchand's case AIR 1933 All 249, namely, that where a claimant whose objection to an attachment in executing a decree against a judgment-debtor is dismissed, files a declaratory suit that the property attached is his own, the valuation of the suit in cases where the value of the property is greater than the amount of the decree, is the amount of the decree.
Nandlal Singh And Anr. vs Mt. Baratan And Ors. on 10 July, 1959
In support of the question of jurisdiction Mr. Khejariwal cited before us Moolchand v. Ramkishan AIR 1933 All 249, Puttamma v. Veerabhadra AIR 1951 Mys 22, Renganath v. Subramainiam and Nandlal v. Mt Baratan All these authorities took the line which we might extract from the head-note of Moolchand's case AIR 1933 All 249, namely, that where a claimant whose objection to an attachment in executing a decree against a judgment-debtor is dismissed, files a declaratory suit that the property attached is his own, the valuation of the suit in cases where the value of the property is greater than the amount of the decree, is the amount of the decree.
Bejoy Daw vs Sm. Aloka Daw on 3 February, 1969
5. Mr. Tikku learned Counsel for the appellant invites our at ention to Daw Dut v. Daw kwi AIR 1932 Ran 20 and Gaindalal v. Ramsingh These two authorities lay down the proposition that where the claim for removal of attachment of the property is dismissed and a suit is instituted against the attaching creditor as well as the judgment debtor for a declaration that the plaintiff is the owner of the property with respect to which his claim has been dismissed then if the value of the property attached is more than the value of the decree obtained by the attaching decree-holder, the value which governs the jurisdiction of the court to deal with the suit is the value of the property itself and not merely the value of the decree.
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