CHANDER WATI Vs. L HARI CHAND

JUDGEMENT

(1.) THE facts in this revision petition filed by Shrimati Chander Wati are as follows: The petitioner instituted a suit against her brother Hari Chand and the widow and adopted son of her other brother now deceased, Bulaqi Dass, claiming three reliefs :

(2.) IT does not appear to have been contended that the first two reliefs have not been properly valued, but the objection was raised by the defendants that the suit was not properly valued for purposes of court-fee and jurisdiction with regard to the third relief on which an ad valorem court-fee had been paid on the Rs. 300/- claimed as arrears of maintenance. On this point it was contended that the suit was not merely for arrears of maintenance, but was for maintenance, since plaintiff's right to maintenance and also the monthly rate to which she was entitled had first to be determined. The contention of the defendants was upheld by the Lower Court which called upon the plaintiff to amend her plaint so as to value the relief at Rs. 12,000/- and to pay the court-fee thereon. The present petition was filed in this Court before the expiration of the period fixed.

(3.) THE relevant provisions of the Court-fees Act are contained in Sub-sections (i) and (ii) of Section 7, Sub-section (1) reads :