GAYATRI PARSHOTTAM RAMANI Vs. PARSHOTTAM AMULDAS RAMANI

JUDGEMENT

(1.) ADMIT . Learned Advocate Mr. Navin Pahwa waives service of notice of admission on behalf of respondent. The impugned order dated 13.09.2013 by the Family Court No. 4 of Ahmedabad below Exhibit 16 in Civil Suit No. 1109 of 2013 preferred by present appellant against present respondent for restraining him from transferring or alienating in any manner the suit properties and for declaration that she has got 50% share of such properties. Application at Exhibit 16 below which impugned order was passed, was filed by the respondent/defendant for rejection of plaint under Order VII Rule 11 of Code of Civil Procedure for want of sufficient Court fee stamp. Whereas the Family Court has passed an order under Order VII Rule 10 of the Code of Civil Procedure ('C.P.C.' for short) in following terms:

(2.) IT is further order that as the petitioner has to institute the suit by joining the legal owner of disputed property before the Court having jurisdiction.

(3.) NO Order to Cost.