RABIYA BEGUM Vs. AMAN ISA

JUDGEMENT

(1.) THE present revision petition is filed by the plaintiff -applicant against the order dated 4.10.1991 passed by the Additional District Judge, Mahasamund, District Raipur, in C.S. No. 43 -N90, holding that the Notification F. No. 9 -1 -83 -B -XXI dated 1.4.1983 for exempting the payment of Court Fee is not appeal able in suits for partition.

(2.) LEARNED counsel for the applicant is heard. Since no one appeared on behalf of the non -applicant in spite of notice, the Govt. Advocate, Shri A.S. Jha, was heard after notice as the matter pertains to the payment of Court Fee.

(3.) THE non -applicants No.3 and 4 filed the written statement admitting her claim. The others did not file any written statement. However, non -applicants No.1 and 2 filed an application under Order 7, Rule 11, C.P.C. saying that since the adequate Court Fee has not been paid, the plaint deserves to be rejected/dismissed.