LAWS(BOM)-2016-10-116

HARSHA PRADEEP PATIL Vs. SAYANKABAI RAGHO PATIL

Decided On October 13, 2016
Harsha Pradeep Patil Appellant
V/S
Sayankabai Ragho Patil Respondents

JUDGEMENT

(1.) The petition is filed to challenge the order made on Exhibit 43 from Regular Civil Suit No.181/2012 which is pending in the Court of the Civil Judge, Junior Division, Jalgaon. The said suit is filed by the present petitioner for relief of partition of joint Hindu family property against brother-in-law and others. Husband of the petitioner is dead and so she has claimed the share of her husband from the joint Hindu family property. The application at Exhibit 43 was filed by the defendants for rejection of plaint on the ground that present petitioner, plaintiff has not paid requisite court fees on the claim. The petitioner has not paid court fees as she is claiming that she is exempted from the payment of Court fees in view of the Government Notifications issued in this regard. The trial Court has held that the subject matter of the suit, the relief of partition, is not covered by the said Government Notifications and so the application is allowed and the petitioner is directed to pay court fees. Both the sides are heard.

(2.) Both the sides placed reliance on some reported cases in which there is interpretation of the two notifications issued by the State Government. The notifications are as under:-

(3.) In the case reported as AIR 2000 Bombay 474 (Mrs. Jyoti S Doshi Vs. M/s. Hindustan Hosiery Mills ) decided by the learned Single Judge of this Court on 2-5-2000 both these notifications were considered. The said case was for recovery of money given by the plaintiff, woman to a company as loan and the benefit of the notifications issued by the Government was claimed by her. Learned Single Judge considered the following point:-