ANITA SHARMA Vs. TULSIRAM

JUDGEMENT

(1.) THIS is a petition filed by the plaintiff under Art. 227 of the Constitution of India, seeking to quash the legality and validity of an order dated 22.3.2004 passed in Civil Suit No. 1/2003 by Third Additional District Judge, Dewas. Since right to file a revision is taken away under section 115 of the Code of Civil Procedure due to amendment made in the said section, the plaintiff has filed this writ petition against the said order.

(2.) BY impugned order, the application made by the plaintiff under section 35 of the Court-fees Act has been rejected holding inter alia that plaintiff does not satisfy the requirement of the notification and hence she cannot be given permission to file a suit as an indigent person.

(3.) ACCORDING to learned counsel, the case of the plaintiff also falls in the aforementioned rule because admittedly plaintiff has acquired the property consequent upon the death of her husband who died while acting on active service in Air Force. According to learned counsel, the plaintiff is entitled to get the benefit of this rule for claiming exemption from payment of Court fees. In reply learned counsel for respondents submitted that this issue was not examined by the learned trial Judge and, therefore, the same cannot be examined by this Court for the first time in the Writ Petition or in the alternative according to learned counsel the matter has to go back for examining the case of plaintiff in the light of sub-rule (22) quoted supra.