LAWS(ALL)-1966-12-3

GULAB DEI Vs. CHIEF INSPECTOR OF STAMPS

Decided On December 14, 1966
GULAB DEI Appellant
V/S
CHIEF INSPECTOR OF STAMPS Respondents

JUDGEMENT

(1.) THIS is an appeal from an order of the Second Additional Civil Judge, Allahabad accepting the Government Stamp-Reporter's contention that the applicant's plaint in the suit was insufficiently stamped and requiring her to make good an alleged deficiency of Rs. 2729.50 on pain of dismissal of the suit.

(2.) THE appellant filed a suit for the partition of her half share in property which she alleged to be joint. She is the widow of a deceased coparcener and the defendants in the suit are that coparcener's widow (appellant's devarani) and her sons. One of the defendants alleged in the written statement that the appellant was not entitled to any share as her deceased husband had left a will in favour of his brother. The appellant in her replication alleged that her husband had executed no will and if the defendants had any alleged will in their possession it was a forgery. She pleaded in the alternative that it was invalid.

(3.) MEANWHILE the appellant paid the court-fee and the suit was decreed in her favour. The Court held that the alleged will was a forged document. This however does not affect the merits of this appeal.