SHAMUBAI Vs. SURENDRASINGH

JUDGEMENT

(1.) Being aggrieved by the order dated 2/2/2011 passed by VI ADJ, (Fast Track) Mandsaur in MJC Case No.31/09, whereby application filed by the petitioners claiming exemption from payment of Court fee was dismissed, present petition has been filed. Short facts of the case are that the petitioners filed a suit for damages alleging that Ishwarlal Kumawat husband of petitioner No. 1 and father of petitioner Nos.2 to 4 was murdered, therefore, petitioners are entitled for compensation of a sum of Rs.5,60,000/- , for which Court tee amounting to Rs.67,200/- is payable. It was alleged that since petitioner No. 1 is widow and the income of the petitioner- is below Rs.6,000/- per year, therefore, petitioners be exempted from payment of Court fee. Application was dismissed by the learned Court below, against which present petition has been filed. Learned counsel for the petitioners argued at length and submits that the impugned order passed by the learned Court below is illegal, incorrect and deserves to be set aside. It is submitted that there was no justification on the part of learned Court below in not allowing the application filed by petitioners, wherein prayer was to exempt the petitioners from payment of Court fee. It is submitted that the petition filed by the petitioners be allowed and the impugned order passed by the learned Court below be set aside.

(2.) Learned counsel for the State submits that upon enquiry by Tehsildar, Mandsaur was found that petitioners are in occupation of a house and also movable property valuing Rs.6,37,500/-, therefore, no illegality has been committed by the learned Court below in dismissing the application filed by petitioners.