- (1.)THIS is a revision-petition against the order dated 5-7-1990, passed by Shri R. K. Shrivastava, District Judge, Hoshangabad, in Civil Suit No. 27-A of 1989 rejecting the application to sue as forma pauperis based on the Government Notification.
(2.)THE applicant-plaintiff filed a suit claiming partition and separate possession of her one-fifth share in the suit house, situated at Balaganj Mohalla, Hoshangabad and for mesne profits Rs. 23,310/- and further profits pendente lite and future. For the purpose of Court-fee and jurisdiction, the Court-fee was payable on market value of the suit house valued at Rs. 2,70,000/ -. Since the applicant claimed one-fifth interest, the Court-fees was payable for her share on Rs. 54,000/- in the house and also at mesne profits on Rs. 23,310/ -. The Court-fee on which was payable comes to Rs. 6,530/- in accordance with Article 1-A of the Schedule-I of the Court-Fees Act with table of ad valorem Court-fee appended thereto. The plaintiff being widow having no source of income claimed exemption from payment of Court-fee under Notification F. No. 9-1-83-B-XXI, dated the 1st April, 1983.
(3.)THE non-applicants opposed the application. The plaintiff entered into the witness-box to establish that her annual income does not exceed Rs. 6,000/- per year. The trial Court by interim order, dated 5-7-1990 has observed that the applicant's annual income is below Rs. 6,000/-, but she is not entitled to the exemption under the Notification for the suit for partition, which does not fall under any of the Articles of Schedule-I or Schedule-II mentioned in the Notification. Consequently, the Court has directed to pay requisite Court-fee. Aggrieved by the said order, the present revision-petition is filed by the plaintiff-applicant.