AMIRUL HOSSAIN Vs. KHAIRUNNESSA
LAWS(PVC)-1901-3-6
PRIVY COUNCIL
Decided on March 25,1901

AMIRUL HOSSAIN Appellant
VERSUS
KHAIRUNNESSA Respondents

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.;


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