SATYA NARAYAN JAISWAL Vs. PREMLATA SEWAK RAM JAISWAL

JUDGEMENT

(1.) BY the impugned order dated 4 -2 -1999, the application of the petitioner/plaintiff for grant of exemption under section 35 of the Court Fees Act, has been disallowed. Admittedly, the plaintiff/petitioner filed a suit claiming damages amounting to Rs. 1,39,400/ - . He sought exemption from payment of Court Fees under Notification No. F.9.83 -B -XXI, dated 1 -4 -1983 of the State Government (hereinafter referred to as Notification for short), under section 35 of the Court Fees Act.

(2.) THE learned trial Court after holding an enquiry on the said application found that the petitioner/plaintiff is not entitled to the benefit under the said Notification, and therefore, directed him to pay the Court Fees.

(3.) CLEARLY , therefore a person claiming exemption under the said Notification must belong to the one or other categories of persons as specified above, and his income from all sources does not exceed Rs. 6,000/ - p.a..