RAJENDRA SINGH Vs. KUSUMA DEVI

JUDGEMENT

(1.) A suit filed by respondents Nos. 1 to 5 in the year 1985 is still at the preliminary stage. One Maharaj Singh was murdered. His widow and his daughters filed a suit for compensation. Court fee was not paid. Exemption was sought from the payment of Court fee in view of the notification issued by the State of Madhya Pradesh under Section 35 of the Court Fees Act, 1870. This exemption is available to the women whose income is less than Rs. 6,000/-. The Trial Court came to the conclusion that a case has been made for exemption and it is that order which has been challenged in this revision petition.

(2.) THE learned Counsel appearing for the petitioner has stated that the Court below did not follow proper procedure in the matter of grant of exemption. It is the basic contention that the notice was required to be given to the Collector. He further stated that as laid down by a Division Bench of this Court in Ramji Sharma v. High Court of M.P. and Ors. 1989 JLJ 237 procedure indicated in the above case, should have been followed. He has also placed reliance on a decision given in K.M. Nizam and Anr. v. Union Bank of India and Ors.

(3.) I have considered the matter. It may be seen that in this case issue framed i.e. No.5-A, was specific on the point whether the income of the plaintiffs individually is less than Rs. 6,000/- a year with a view to prove this issue the Patwari of the area was examined. He categorically stated that there is no land in the name of the plaintiffs. The Naib Tahsildar was also summoned as a witness. He has also supported the case of the plaintiffs.