SMT. GULAB DEI Vs. CHIEF INSPECTOR OF STAMPS

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.) Thereupon the Government Stamp Inspector intervened and contended that the appellant's suit was also one which involved the cancellation of the will or an adjudication that it was void, and she must pay additional court fee. This contention was upheld by the learned Civil Judge. The appellant has come here in appeal.