JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---Rule, returnable forthwith. Respondent waives service. By consent taken up for hearing and final disposal.

2. The petitioner has filed a suit in the Court of the learned Civil Judge, Senior Division, Pune, being Special Civil Suit No. 915 of 1998 in which, based on the allegation that the defendant had defamed her, in a communication addressed to a fellow member of the Rotary Club, Pune, the petitioner has claimed damages in the amount of Rs. 50 lakhs. An application was moved by the defendant claiming that the suit was liable to be dismissed for want of payment of the requisite Court fee. By the impugned order dated 17th April, 2001, the learned Joint Civil Judge, Senior Division, Pune has directed the petitioner to pay the Court fee on the claim of Rs. 50 lakhs.

3. The dispute in the present case turns upon the construction of the notification dated 1st October, 1994 issued by the State Government in exercise of the power conferred by section 46 of the Bombay Court Fees Act, 1959. The relevant part thereof reads as follows :

"Now, therefore, in exercise of the powers conferred by section 46 of the Bombay Court Fees Act, 1959 (Bom. XXX I of 1959

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