SUSHILA BAI Vs. VISHNU KUMAR

JUDGEMENT

(1.) This revision is directed by the applicant-plaintiff against the order by XI A.D.J., Indore on 12.1.1999 in Civil Suit No.147/90B whereby the applica- tion of the applicant for granting her exemption from payment of Court fee was dismissed.

(2.) The facts of the case, in brief, are that the applicant filed civil suit for recovery of Rs. 25.000/-. She pleaded that she had not any source of income and, therefore, she be exempted from, paying Court Tees under notification dated 1.4.83 The non-applicant/defendant resisted the application and pleaded that husband of the plaintiff was earning Rs. 3.000/- per month. She was running coaching class and was earning Rs. 5000-6000 per month. She had one house at Mahidpur. Her husband was a cloth commission agent and Manager in Pologround. Her son was a jeweller. The learned tnal Judge after appreciation of evidence held that her monthly in come including that of her husband and her son were more than Rs.6,000/- and, there fore, she was not entitled to exemption under notification. Hence, this revision.

(3.) Mr. M.I.Khan, LC. for the applicant, putting reliance on Govind Singh v. Omprakash, and Vimlabai w/o Ratanlalji Betab v State of M.P and Others, submitted that the income of the husband and her son could not be clubbed. The Court has to see whether the applicant had annual income from all sources not exceeding Rs.6,000/-, there fore, she had no income of her own. On the other hand, Mr. Ahiwasi, LC for non-applicant, supported the impugned order.