ANITA Vs. OMVATI AND ORS.

JUDGEMENT

(1.) THIS revision has been filed under Section 115 of the Code of Civil Procedure [for short "the Code"] against the order passed by 2nd Civil Judge, Class I, Ujjain in Civil Suit No. 41A/ 2013 on 11.08.2014, whereby application under Order VII Rule 11 read with Order XXXIII of the Code has been dismissed.

(2.) NON -applicant No. 1 filed a suit against the applicant and Non -applicants No. 2 to 4 for declaration and injunction valued Rs. 9,30,000 -00 and as per the valuation, she was required to pay Court -fees of Rs. 1,12,500 -00 but the Non -applicant No. 1 claimed exemption from payment of Court -fees under Section 35 of the Court -fees Act as she being a woman and her annual income from all the sources does not exceed Rs. 25,00000. In support she has filed income certificate issued by the Naib Tehsildar. Learned Civil Judge on the basis of income certificate of Non -applicant No. 1 granted exemption from payment of Court -fees. The applicant filed an application under Order VII Rule 11 read with Order XXXIII of the Code raised an objection that before registering a case, the Court should have make an enquiry as provided under Order XXXIII of the Code and when the Court comes to a conclusion that the Non -applicant No. 1 is entitled for the exemption under the Notification, then the Court should have registered the case. Thus, the statutory provisions of law has not been followed. Therefore, the suit may be dismissed under Order VII Rule 11 of the Code.

(3.) LEARNED Trial Court by the impugned order, dismissed the application. Against this order, present revision has been filed.