JUDGMENT - R.M. LODHA, J.:---Leave to amend granted.

2.Rule. Returnable forthwith.

3.The learned Counsel for the petitioner submits that no relief is sought in the petition against respondents Nos. 1 and 2 and therefore service may be dispensed with on them. Mr. Nargolkar, Assistant Government Pleader, waives service on behalf of respondent No. 3.

4.By this writ petition the petitioner who is plaintiff in the suit prays that she be permitted to file the above summary suit without payment of ad valorem Court fee in accordance with the exemption by the Notification No. 1091/CR dated 1.10.1994. The petitioner is a lady and submits that in view of the aforesaid notification, she is not liable to pay the ad valorem Court fee on the said suit.

5.The petitioner relies upon the judgment of this Court in (Deepa Shashikant Godambe v. State of Maharashtra and others)1, 1996(1) Bom.C.R. 551 and the aforesaid notification.

6.The notification dated 1-10-1994 reads thus:

"REVENUE AND FORESTS DEPARTMENT

Mantralaya, Bombay-400 032, dated the 1st October, 1994.

BOMBAY COURT FEES ACT, 1959.

No. STP/1094/CR/859/M.1---Whereas the Government of Maharashtra has recently announced a policy with a view to prom

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