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1950 Supreme(Mad) 282

P.V.RAJAMANNAR, VISWANATHA SASTRI
Devineni Narasamma. – Appellant
Versus
Devineni Satyanarayana, minor by guardian, Gondi Chandramma. – Respondent


Advocates:
P.M. Srinivasa Aiyangar for Petitioner.
The Government Pleader (P. Satyanarayana Raju) and C. Kondiah for Respondents.

Judgment.-

This Civil Revision Petition raises a question as to the amount of court-fee payable by the petitioner on a memorandum of appeal filed by her in the Court of the District Judge of Anantapur against the decree of dismissal of her suit, O.S.No. 199 of 1947, by the District Munsiff’s Court of Gooty. In paragraph 13 of the plaint she prayed for a decree:

“Cancelling the decree in O.S.No.29 of 1942 on the file of this Court and all the proceedings in the appeal therefrom and the decree passed in the appeal A.S.No. 91 of 1944; or declaring the same to be void, invalid, and not binding in the plaintiff; and directing the defendants or such of them as may be found liable, to pay the plaintiff the costs of this suit”.

O.S.No. 29 of 1942 was a suit filed by the present 1st defendant for possession of the lands described in schedules A and B of the plaint, claiming title under a will executed by the plaintiff’s deceased husband. The plaintiff was impleaded as the 3rd defendant and as a major in that suit, which ended in a decree in favour of the 1st defendant, then plaintiff. The decree was affirmed on appeal in A.S. No.91 of 1944. In her plaint the plaintiff alleged that though she w






















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