M.K. MAMIK Vs. WELHAM GIRLS HIGH SCHOOL

JUDGEMENT

(1.) By means of present civil revision, the plaintiff / revisionist seeks to set aside order dated 02.08.2014, passed by learned II Addl. Civil Judge (Sr. Div.), Dehradun, in Suit no. 974 of 2001, captioned as Miss M.K. Mamik vs The Welham Girls' High School Society and others.

(2.) The dispute relates to issue no. 5. The said issue was relating to valuation of the suit and payment of court fee. The question was whether the suit is under valued and court fee paid is insufficient? The plaintiff desired certain reliefs in her plaint. The court below while deliberating upon the same held that the court fee paid on relief 'a' and 'b' was sufficient. Court below was, however, of the opinion that the plaintiff did not pay the required court fee in view of Section 7(1) of the Court Fees Act, 1870. The trial court was also of the opinion that the court fees paid on relief 'c' is insufficient and, therefore, directed that the deficient court fee be made good and, accordingly, issue no. 5 was partly decided in favour of the plaintiff and partly against her. Aggrieved against such an order, present civil revision has been preferred by the plaintiff / revisionist. In other words, the plaintiff has challenged that part of the order of the trial court whereby she was directed to make good the deficient court fee in respect of relief 'c'.

(3.) Let us now revert back to the relief clause, which reads as under: