KRISHNA GUPTA Vs. SANTOSH GUPTA

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the order dated 22/4/2017 whereby the petitioner's application under section 35 of Court Fees Act for permission to sue as pauper has been rejected.

(2.) In brief the petitioner had filed the suit for partition and permanent injunction and valued it at Rs. 18,75,000/- on which court fee of Rs. 1,50,000/- was payable. Petitioner had filed an application in terms of notification dated 1/4/1983 claiming that income of petitioner is less than Rs. 6,000/- (Rs. 25,000/- as amended by notification dated 14/2/2011), therefore, the petitioner is entitled for exemption from payment of court fee and trial court having reached to the conclusion that petitioner has sufficient means to pay the court fee has rejected the said application.

(3.) Learned counsel for petitioner submits that trial court has committed an error in rejecting the petitioner's application. He further submits that since income of petitioner is less than Rs. 25,000/- per annum, and the petitioner is woman, therefore, she should be granted benefit of exemption from payment of court fee.