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1 - 4 of 4 (0.38 seconds)Dalip Singh And Ors. vs Kundan Lal And Ors. on 18 February, 1913
It has apparently overlooked the provisions of Section 11(1)(6), Suits Valuation Act. Over-valuation alone is not sufficient for the suit being dismissed by an Appellate Court, unless it is satisfied, for reasons to be recorded by it in writing, that the over-valuation has prejudicially affected the disposal of the suit on its merits. It is only on this finding that it is justified in dismissing the suit, or, more correctly speaking, in directing the plaint to be returned for presentation to the proper Court. If any authority were needed to support the proposition clearly borne out by the section itself, we may refer to Dalip Singh v. Kundan Singh 22 Ind. Cas. 614 : 36 A. 58 : 12 A.L.J. 21. There is nothing to suggest that the defendants have been prejudiced by the trial of the suit in the Court of the Munsif whose judgment is thorough and well considered.
Section 74 in The Transfer Of Property Act, 1882 [Entire Act]
Section 91 in The Transfer Of Property Act, 1882 [Entire Act]
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