KAILASH NARAYAN Vs. BUNDI BAI

JUDGEMENT

(1.) THIS is a revision by the defendant against the order of the Civil Judge, Class ii, Gohad, dated 24-4-1973 in Civil Suit No. 41-A/68 regarding the valuation of the suit and payment of court-fees.

(2.) THE short facts leading to this revision are these: the plaintiff-non-applicant No. 1 herein has filed a suit against the applicant and non-applicants Nos. 2 and 3 in their capacity as the wife of non-applicant No. 3 (sic) for a declaration that the adoption of the applicant by non-applicant No. 3 is void and ineffective. The suit was valued initially at Rs. 100/- and fixed court-fee of Rs. 30/- was paid. On an objection having been raised by the applicant that the suit was under-valued and the court-fees paid were insufficient, ad valorem court-fee was required to be paid. On this objection, two preliminary issues were framed by the trial Court which were issues Nos. 4 and 5 reading as under: "issue No. 4: d;k oknh us mfpr dksvz Qhl fn;k gsa "issue No. 5: d;k bl U;k;ky; dks okn lquus dk vf/kdkj ugha gs\

(3.) THE trial court decided these issues vide its order dated 6-11-1970, the operative part whereof, relevant for consideration is thus: