MADHURIDEVI D TIWARI Vs. SARASWATIBAI TIWARI

JUDGEMENT

(1.) HEARD Shri A. D. Vyawahare, the learned counsel for the revision petitioner and Shri M. A. Rehman, the learned counsel for respondent.

(2.) THE respondent brought the Regular civil Suit, which was converted into Special civil Suit No. 140 of 1999 and was allotted to the Court of Ilnd Joint Civil Judge, Senior Division, Nagpur, for declaration that the bequest in favour of the present revision petitioner by a Will dated 17-11-1964 allegedly executed by Babulal Tiwari, the deceased husband of respondent, is void or in the alternative, the bequest under the said will creates a limited right over the said property and does not confer absolute ownership in favour of the present revision petitioner; for perpetual injunction restraining the present revision petitioner from creating any mortgage, lien or charge over the said property or selling or gifting the same to any person and further restraining her from claiming absolute ownership over the said property.

(3.) THE revision petitioner challenged the valuation of the suit made by the respondent by filing an application under Section 9a Civil Procedure Code. A preliminary issue was framed by the 9th Joint Civil Judge, junior Division, Nagpur and the respondent was directed to make appropriate valuation. The respondent there upon enhanced the valuation making it to 10 lacs and amended the plaint accordingly. However, the respondent did not pay the Court fee on that valuation on the ground that she is a woman litigant and the matter relates to property dispute.