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1992 Supreme(Pat) 125

G.C.BHARUKA
Chanda Nath – Appellant
Versus
Janak Kishore Devi – Respondent


Advocates Appeared:
For the petitioner: M/s Sushant Kumar, Kaushalesh Singh, Manoj , Kumar Ambastha, Deep Nr. Kumar.
For the State : Mr. Ram Salak Mahto.

JUDGMENT

G. C. Bharuka, J.-The present revision application is directed against the order dated 4.9.91, passed by learned 2nd Sub judge. Buxar, in Title Suit No. 65 (A) of 1968 by which the Court below has rejected the petition filed by the plaintiff petitioner seeking exemption from paying court-fees on the ground that her annual income is below 35001-.

2. On 15.7.91 an application was filed by the petitioner before the Court below seeking exemption from payment of court-fees along with an Income certificate granted by the Circle Officer, Buxar, to the effect that the annual income of the petitioner is only Rs. 3500/- per annum. The defendants filed their objection to the grant of such prayer of exemption from payment of court-fees.

3. The Court below after hearing the parties rejected the application filed by the plaintiff- petitioner inter alia, on the ground that the application has not been filed in the prescribed proforma.

4. Learned counsel appearing for the petitioner has assailed the impugned order on the ground that the law does not envisage any prescribed proforma and once a certificate of income issued by the Circle Officer is filed before the Court certifying income to be




































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