SAATIBAI Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by order dated 4-2-2011 passed by I ADJ, Barwani in Case No. 15/2009 whereby application filed by the petitioners for exemption from payment of Court fee was dismissed, present petition has been filed. Short facts of the case are that petitioners filed a suit for damages wherein it was alleged that decree be passed against respondents for recovery of Rs. 1,15,000/- on account of death of husband of petitioner No. 1 and father of petitioner No. 2. In the suit it was alleged that Court-fee of Rs. 17,800/- is payable but since the petitioners are having no means to pay the Court-fee and income of the petitioners is below Rs. 6,000/- per year, therefore, petitioner be exempted from payment of Court-fee. It was prayed that petitioners be permitted to prosecute the suit without payment of Court-fee. After hearing the parties learned Court below disallowed the application of petitioners on the ground that income of the petitioners is more than Rs. 18,000/- per year, therefore, petitioners are not entitled to prosecute the suit without payment of Court-fee against which the present petition has been filed.

(2.) Learned Counsel for the petitioners submit that income of Rs. 18,000/- per year shown is the income of whole family of the petitioners and not of the petitioners. Learned Counsel submits that there are 7 members in the family of the petitioners, therefore, it cannot be said that income of the petitioners is of Rs. 18,000/- per year. It is submitted that petition filed by the petitioners be allowed and the impugned order passed by learned Court below bet set aside.

(3.) Learned Counsel for the respondent No. 1 submits that no illegality has been committed by the learned Court below in dismissing the application filed by the petitioners. It is submitted that petition filed by the petitioners be dismissed.