RAM KISHAN BALMUKUND KUSHWAHA Vs. DEVILAL NANDRAM KUSHWAH

JUDGEMENT

(1.) THE petitioner, who is a plaintiff, instituted a suit against the respondents for declaration, partition and possession of his share in the suit property and permanent injunction. As the petitioner's annual income immediately preceding the date of presentation of the plaint, from all sources, did not exceed Rs. 6,000/-, the petitioner claimed exemption, from payment of court fees on the plainty in view of Notification No. F. No. 9. 1. 83-XXI dated the 1st April 1983, issued by the State Government in exercise of powers conferred by Section 35 of the Court Fees Act, 1870 (No. 7 of 1870), published in M. P. Rajpatra (Asadharan) dated 1st April 1983, at page 1062, reproduced in 1983 M. P. Law Times, Part II at page 91.

(2.) SHRI K. B. Chaturvedi contended that the plaintiff was entitled to an exemption from payment of court fees, as by the said Notification, the court fees was remitted in the whole of the State of Madhya Pradesh, as persons falling in the said categories specified in the Notification, were exempted from payment of court fees on the plaints, mentioned in Articles 1-A and 2 of the First Schedule and Articles 5, 17 and 21 of the Second Schedule to the said Act. The trial Court, without giving any reason, observed that the suit of the plaintiff does not fall under Articles 1-A and 2 of the First Schedule or Articles 5, 17 and 21 of the Second Schedule and, therefore, the order apparently is illegal.

(3.) AFTER hearing the counsel and perusing the copy of the plaint filed in Court, during the course of hearing, I am of the opinion that the order of the trial Court cannot be sustained.