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Ramesh Kumar vs. Jograj S th. Lrs. & Ors.

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Code of Civil Procedure, 1908–Order 14, Rule 5–Application for framing the additional issue as regard to payment of Court Fees and due amount–Rejected by trial Court–Suit for partition of joint family property–Suit is pending at the stage of final arguements–Observation of trial Court that the  requirement of additional Court Fees will be examined at the time of final judgment–Defendant had admitted the value of property as claimed by the plaintiff–Therefore, no additional evidence would be required for deciding this question–Further, the plaintiff would required to pay the requisite Court fees, if he is granted the relief of possession–Held, no interference is required in the impugned order.