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1985 Supreme(Pat) 124

A.K.SINHA, S.S.SANDHAWALIA
Sk. Mohammad Osaid – Appellant
Versus
Sk. Abdul Wahid – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. Whether the benefit of exemption from court-fee Co the financially weaker section of litigants) as a step in the legal aid admissible under Government notification No.S.O.1207 dt. 19th Aug. 1981 can be defeated by clubbing together of the individual incomes of the co-plaintiffs of a suit, is the significant question which has necessitated the reference of these two connected civil revisions to the Division Bench.

2. The facts are not in dispute and may be briefly noticed from SK. Mohammad Osaid and others V/s. Sk. Abdul Wahid and others (C.R.380/83). The three petitioners had preferred a title suit for a decree of possession. seeking the eviction of the defendants and for mesne profits pendente lite and other ancillary reliefs. Therein they filed a petition in the trial court seeking exemption for the payment of court-fee in the suit on the ground that the individual income of each of the co-plaintiffs did not exceed Rs. 4000.00 only and they were, therefore, entitled to the benefit of the exemption under Notification No.S.O.1207 dt. the 19th Aug. 1981. They also filed certificates of their income granted by the Anchal Adhikari, Dhaka, in support of t




























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