REKHA & OTHERS Vs. SATISH MAHESHWARI & OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 18.01.2018 by which the learned trial Court has rejected the application filed under Section 35 of the Court Fees Act seeking exemption from payment of court fees under notification dated 01.04.1983.

(2.) Initially, the plaintiffs/petitioners filed the suit for declaration of the sale deed dated 28.09.2015 as void, declaration of title and the relief of permanent injunction. At the time of presentation of the suit, the plaintiff valued the suit @ Rs. 11,65,000/- and paid the court fees @ Rs. 3,120/-. In para 1 of the plaint, the plaintiffs pleaded that they are not financially capable for payment of court fees at present and somehow, they paid the court fees despite they are indigent person.

(3.) Later on, the plaintiffs have amended their plaint by incorporating the pleading in para 11 of the plaint that they are under the category mentioned in notification dated 01.04.1983 and unable to pay the court fees. The said amendment has been allowed and incorporated in the plaint. Thereafter, the plaintiffs filed a independent application under Section 35 of the Court Fees Act on 211.2017 seeking exemption from payment of court fees. The said application was opposed by the defendants and by order dated 18.01.2018, the learned trial Court has rejected the application on the ground that the plaintiffs are getting pension to the tune of Rs. 9,510/- per month, therefore, their annual income is Rs. 1,14,120/- which is much more than Rs. 25,000/- per annum as required under notification dated 01.04.198 Being aggrieved by the aforesaid order, the petitioner has filed the present petition.