R.B. Misra, J.

1. Heard Mr. C. Chakraborty, learned Counsel for the petitioner. Also heard Mr. B. Debnath, learned Counsel for the opposite-party. At the request of the learned Counsel for the petitioner, in the facts and circumstances this petition is being disposed of at the admission stage itself.

2. The present Civil Revision Petition has been preferred under Article 227 of the Constitution of India against the order dated 24-1-2007 passed by the learned Judge, Family Court, Agartala, West Tripura in T.S. (Divorce) No. 228 of 2008 indicating that a title suit for divorce was to be presented in the form of the plaint and since the relief claimed through such petition is declaratory in nature, therefore, the court-fee of Rs. 20/- has to be paid under the Court Fees Act, 1870 (for short 'Court Fees Act').

3. The petitioner presented a petition, i.e. T.S. (Divorce) No. 228 of 2006, before learned Family Court on 18-5-2006 under Section 13 of the Hindu Marriage Act, 1955 (in short called Hindu Marriage 'Act') for dissolution of marriage between the parties by way of decree of divorce. While presenting the petition for divorce court-fee of an amount of Re. 1/- was affixed by the petitioner but the Sheristradar of the Family Court reported deficit of court-fee of Rupees 19/- on the petition presented by the petitioner.

4. Shri R. Chakraborty, learned advocate appointed as amicus curiae by learned Family Court assisted learned Family Court. Learned Family Court vide impugned order dated 24-1-2007 has observed that the legislature has used the word 'petition' in Section 13 of the 'Act' which is essentially a plaint. For obtaining a declaratory decree without consequential relief, court-fees of Rs. 20/- has to be paid on the petition and T.S. (Divorce) No. 228 of 2006 under Schedule II, Article 17(III) of the Tripura Court Fees Act. According to learned Family Court, a petition for divorce being plaint in nature and relief claimed in such petition being declaratory in nature shall have to be presented affixing court-fees of Rs. 20/- and as such the petitioner was directed to supply additional court-fee of Rs. 19/- within 31st January, 2007 and for that purpose the process was issued upon the opposite-party.

5. Being aggrieved, the petitioner has approached this Court preferring the present revision petition under Article227 of the Constitution with a prayer to invoke the power of superintendence to cure the jurisdictional illegality and impropriety of the impugned order.

6. Learned Family Court in its impugned order has analyzed the aspects involved in the case as below:

According to Mitra's Legal and Commercial Dictionary, 5th Edition, a petition is a formal written request made to a Judge or superior, a document embodying such a formal written request any petition and application mean the same thing AIR 1957 Mysore 44. And plaint is a document of plaintiff on which proceedings in a Court of law commences. In the Hindu Marriage Act the legislature has used the word petition in Section 13. In Section 24 of the said Act, the word application has been used. Section 24 is supplementary to Section 13 and other sections for obtaining substantive relief. According to the Section 19 of the Act, a petition under this Act shall have to be presented to the District Court within the local limits whose ordinary civil jurisdiction, the marriage was solemnized etc. So, in the light of the Section 19, application for obtaining a decree under Section 13 cannot be said to be an application as formal written request made to a Judge. Moreso, on an application under Section 13 making of a decree is mandatory as the application has to be decided formally on merit. As per CPC a decree means the formal expression of an adjudication, which conclusively determines the rights of parties with regard to all or any of the matters in controversy in the suit. Rather, an application under Section 24 of the Act is an application containing formal request to a Judge f