Pratap Vithoba More v. Ramachandra Bapu More & Ors.
Case at a glance
Provisions considered
- Constitution of India art. 227
Judgment
Mr.A.R.Gole for the petitioner Mr.U.R.Mankapure for respondent no.1 CORAM :A.S.OKA,J. DATE : AUGUST 11, 2009 P.C. 1 This Writ Petition under Article 227 of the Constitution of India has been filed by the petitioner defendant for challenging the order dated 28th March 2009 passed by the trial court. After recording of evidence and after final arguments on suit were partly heard, the petitioner made an application for framing an issue as regards the valuation of the suit for pecuniary jurisdiction and the court fees. The said application has been rejected by the learned trial Judge by the impugned order. Considering the stage at which the said application was made, at this stage, no interference is called for in this petition under Article 227 of the Constitution of India. The order is capable of being challenged in an appeal which may be preferred by the petitioner against the decree if it be adverse to the petitioner. Apart from this, if the trial court deems it necessary, there can always be an enquiry held under section 8 of the Bombay Court Fees Act. JUDGE
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.
Which court decided this case, and when?
Bombay High Court, on 11 Aug 2009. The bench was A S OKA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.