SMT. GANI Vs. SMT. BHURI AND ORS.

JUDGEMENT

(1.) In this writ petition filed under Arts. 226 and 227 of the Constitution of India, the petitioner has prayed for quashing the order dt.14.10.2010 (Annexure-6) passed by Additional District Judge No. 1, Bhilwara-camp-Gangapur in Civil Suit No.97/2007, whereby the application filed by the plaintiff-petitioner under Sec. on 2(c) and 12 of Legal Services Authorities Act, 1987 was rejected.

(2.) The brief facts of the case are that a suit for declaration and permanent injunction in respect of the land situated in village Kali Mangri Ka kheda was filed by the petitioner. The defendants No. 1 and 2 filed an application under Order 7 Rule 11 C.P.C. for dismissal of the suit so also filed written statement inter alia taking objection regarding payment of Court fees. The trial Court on the basis of the plaint and written statement, framed in all 9 issues and at the request of learned counsel for the parties, decided legal issues No. 7 and 9 vide order dt. 16.01.2010. Issue No.7 reads as under:

(3.) The trial Court after hearing arguments and considering various judgments of Hon'ble Supreme Court, decided issues No. 7 and 9 and came to the conclusion that the plaintiff is seeking relief for cancellation of sale-deed and therefore, as per Section 38 of the Court Fees Act, it is mandatory for him to file Court fees. After passing the said order on two issues by the trial Court, an application under Sec. 2(c) and 12 of the Legal Services Authorities Act, 1987 was filed by the plaintiff-petitioner on 19.03.2010, in which, it is prayed that the plaintiff is not having appropriate means and she is poor lady, therefore, exemption may be granted for depositing the Court fees as ordered by the Court while deciding issue No. 9.