BHAGWANDAS Vs. NANIBAI

JUDGEMENT

(1.) BEING aggrieved by the order dated 05.02.2011 passed by District Judge, Neemuch in civil suit No.22-A/2007 whereby application filed by the petitioner No.3 for exemption from payment of Court-fee under Section 35-A of the Court-fee Act was dismissed, present petition has been filed.

(2.) SHORT facts of the case are that petitioners No. 1 and 2 filed a suit for declaration and cancellation of sale-deed dated 10/08/2005 which was executed by petitioner No.3 in favour of respondents No 1 and 2. Alongwith suit an application was filed alleging that since income of petitioner No. 1 was below Rs.6,000/- in the current year and petitioner No.2 is minor, therefore, petitioners No. 1 and 2 be permitted to prosecute the suit without payment of Court-fee, which was allowed and petitioners No. 1 and 2 were permitted to prosecute the suit without payment of Court-fee. Thereafter, an application was filed for transposing the petitioner No.3 as plaintiff. The application was allowed and petitioner No.3 was permitted to transpose as plaintiff No.3. Again an application was filed by the petitioner No.3 to the effect that petitioner No.3 be also exempted from payment of Court-fee. The application was opposed by respondents No. 1 and 2. After hearing arguments of both the parties learned Court below dismissed the application against which the present petition has been filed.

(3.) IN exercise of powers conferred by Section 35-A of the Court-fees Act Notification was issued by the State Government which was numbered as 9-1-83 B-XXI dated 1st April, 1983 which reads as under:- IN exercise of the powers conferred by section 35 of the Court Fees Act, 1870 (No.7 of 1870), the State Government hereby remits in the whole of the State of Madhya Pradesh, the Court Fees 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 payable on plaint by the following categories of persons whose annual income immediately preceding the date of presentation of plaint from all sources does not exceed rupees six thousand, namely:-