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1987 Supreme(MP) 147

T.N.SINGH
LAXMI NARAYAN – Appellant
Versus
MADAN MOHAN – Respondent


T. N. SINGH, J.

( 1 ) THE plaintiff prayed for exemption from payment of court-fee in the trial Court and his prayer was accepted. In doing so, the Court below placed reliance on two Notifications of the State Government, being Notification No. F. 9-1-83-B-XXI, dated 1st April, 1983 (published in Madhya Pradesh Rajpatra (Asadharan), dated 1-4-1983) and No. F 8-5-25-4-84, dated 26th Dec. , 1984 (published in M. P. Rajpatra Part I, dated 8-2-1985), hereinafter referred to as Notifications 'a' and 'b' respectively.

( 2 ) BECAUSE Notification 'a' is of immediate and crucial relevance to the controversy the text thereof deserves to be extracted in extenso, with a portion duly emphasized:"in exercise of the powers conferred by S. 35 of the Court-fees Act, 1870 (No. 7 of 1870), the State Government hereby remits in the whole of the State of Madhya Pradesh, the Court-fees mentioned in Articles 1-A and 2 of the first schedule and Articles 3, 17 and 21 of the second schedule to the said Act payable on plaint by the following categories of persons whose annual income immediately preceding the date of presentation of plaint from all sources does not exceed rupees six thousand, namely :- (i) mem












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