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1966 Supreme(All) 46

M. C. DESAI, S. N. DWIVEDI, S. D. KHARE
Bishun Shri – Appellant
Versus
Suraj Mukhi – Respondent


Advocates:
J. Swarup, for Appellant; Gopi Krishna Sahai, for Respondents.

Judgement

DWIVEDI, J. : Smt. Bishun Shri instituted a suit against Smt. Suraj Mukhi and others in respect of the estate of one Ganga Prasad. The plaintiff alleged that she was the daughter of the deceased. Smt. Suraj Mukhi is, it is admitted, the widow of the deceased. Ganga Prasad died in December 1939. Smt. Suraj Mukhi and the other defendants claimed title to the estate of Ganga Prasad on the strength of a will alleged to have been executed by him. The plaintiff instituted the suit as a presumptive reversioner to the estate of Ganga Prasad. The suit was contested, inter alia, on the ground that the court-fee paid was insufficient. The trial Court framed a specific issue on the question of sufficiency of the court-fee paid and answered it in the affirmative. On the merits, the suit was dismissed. Then the plaintiff filed all appeal in this Court. On the memorandum of appeal, as on the plaint she paid a court-fee of Rs. 18-12-0 only. The office reported that the court-fee paid on the two documents was insufficient. The total deficiency on both of them was Rs. 3,990.63 nP., according to the office. According to the office report the court-fee is to be calculated in accordance with t





















































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