AMIRUL HOSSAIN Vs. KHAIRUNNESSA

JUDGEMENT

(1.) This is an appeal against a decision of the Subordinate Judge of Patna, dated the 14 of February 1901, rejecting a plaint under Section 54, Clause (6) of the Civil P. C..

(2.) The plaintiff instituted this suit to obtain a declaration that the defendant No. 1 is his lawfully married wife according to Mahomedan law, and he prayed that a decree might be passed in his favour directing the defendant No. 1 to live with him and that a decree might also be given him against the defendants for restitution of conjugal rights.

(3.) The plaintiff stamped his plaint with a Court fee of Rs. 25, and the learned pleader, who appears on his behalf in this Court, explains that he paid this stamp on this computation, namely, Rs. 10 for a declaratory decree, Rs. 10 for an injunction, and Rs. 5 under Art. 15 of Schedule II of the Court Fees Act, for a suit to obtain possession of a wife. At the same time the plaintiff valued his suit for the purposes of jurisdiction at one lakh and 26 rupees.