STATE OF GUJARAT Vs. HIRABEN MAHENDRAPRASAD

JUDGEMENT

(1.) This is a reversion application filed by the State of Gujarat being aggrieved by an order dated 20/08/1979 passed by Mr. R. K. Abichandani the learned trial Judge of the City Civil Court Ahmedabad. The order has been passed below Ex. 35 in the Civil Suit No. 2776 of 1977 pending in that court. The said suit has been filed by present respondent No. 1 Hiraben for getting her share in some immovable property situated in the city of Ahmedabad.

(2.) Respondents Nos. 2 and 3 who are the defendants Nos. 1 and 2 in that suit inter alia contended that the suit was not properly valued for the purpose of Court-fees and that adequate court-fees were not paid. The plaintiff gave application Ex. 35 requesting the learned Judge that as a dispute was raised about the adequacy or otherwise of court-fees the inspector of court-fees obviously appointed under sec. 12 of the Bombay Court Fees Act 1959 by the State of Gujarat should be asked to verify whether the valuation was correct or not. The words of the order passed by Mr. Abichandani the learned Judge are as follows :

(3.) It is these two orders below Ex. 35 that are challenged by the State.