GHISALAL Vs. DURGA

JUDGEMENT

(1.) THIS revision is directed against order dated 26.9.89 of Second Additional District Judge, Shajapur passed in Misc. Case No.2 of 89, whereby the plaintiff -applicant has been refused permission for exemption of court fees as per notification No. F.9 -1 -83 -B -XXI dated 1st April, 1983.

(2.) THE brief history of the case is that the plaintiff (applicant here) filed an application in the trial Court with an assertion that he is entitled to half share in the property presently in possession of the non -applicant. The applicant valued his share to the tune of Rs. 50,000/ -. The applicant claimed that he belongs to a weaker section of the Society and his annual income does not exceed Rs. 6,000/ -and, therefore, he be exempted from paying the Court fee.

(3.) THE Madhya Pradesh Government issued the following Notification regarding exemption of Court fee: