SAMPAT BAI Vs. MISHRI BAI

JUDGEMENT

(1.) THIS revision application arises out of an order passed by the District Judge, Jhabua, holding that the plaintiff -applicant is not entitled to exemption under the State Government Notification, exempting female plaintiffs with annual income not exceeding Rs. 6,000/ - per annum from payment of Court fees. After assessing the evidence on record, the learned District Judge has found that the plaintiff did have annual income exceeding Rs. 6,000/ - p.a. This finding is under challenge in this revision application.

(2.) SHRI B.L. Pavecha, the learned counsel for the applicant submitted that the plaintiff has stated on oath that her income did not exceed Rs. 6,000/ - p.a. This · statement on oath has not been contradicted effectively by any material placed on record and the plaintiff being in the best know of her income, in the absence of any specific evidence to the contrary, her statement was the only legal evidence available to decide whether she had income exceeding Rs. 6,000/ - or not. Shri Waghamare, the learned counsel for the non -applicants, on the other hand submitted that it is pure finding of fact based on assessment of material on record and there is no jurisdictional error involved in the case, which may empower this Court to interfere.

(3.) THERE is no force in this revision application. It is dismissed as such. There shall, however, be no orders as to costs.