MEERA DEVI Vs. SUSHILA BAI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India challenges the order passed by the trial Court allowing the plaintiff's application under Section 35 of the Court Fee Act.

(2.) The plaintiff has preferred a suit for partition, separate possession and permanent injunction. The plaintiff claimed that her annual income is less than Rs.25000/-, therefore, she is entitled to exemption from payment of Court fee in view of the State Government's notification issued under Section 35 of the Court fee Act. By an order passed on 09.10.2014, the trial Court rejected the application against which the plaintiff preferred civil revision No.122/2014. The civil revision was allowed vide order dated 13.07.2016 setting aside the order passed by the trial Court on 09.10.2014 and remitted the matter back to the trial Court to consider the matter afresh after hearing learned counsel for the parties and after calling report from the revenue authorities with regard to the income of the applicant/plaintiff. This Court also directed the trial Court to decide the application within a period of 10 weeks.

(3.) On the strength of report received from the Tehsildar, Durg regarding plaintiff's income, the trial Court has passed the present impugned order allowing the plaintiff's prayer for exemption from payment of court fee.