K.L.ISSRANI
Mahmooda Bi Wd/O Mustafa Beg – Appellant
Versus
Sheikh Gafoor – Respondent
K.L. Issrani, J.
1. This is a revision-petition against the order dated 5-7-1990, passed by Shri R. K. Shrivastava, District Judge, Hoshangabad, in Civil Suit No. 27-A of 1989 rejecting the application to sue as forma pauperis based on the Government Notification.
2. The applicant-plaintiff filed a suit claiming partition and separate possession of her one-fifth share in the suit house, situated at Balaganj Mohalla, Hoshangabad and for mesne profits Rs. 23,310/- and further profits pendente lite and future. For the purpose of Court-fee and jurisdiction, the Court-fee was payable on market value of the suit house valued at Rs. 2,70,000/-. Since the applicant claimed one-fifth interest, the Court-fees was payable for her share on Rs. 54,000/- in the house and also at mesne profits on Rs. 23,310/-. The Court-fee on which was payable comes to Rs. 6,530/- in accordance with Article 1-A of the Schedule-I of the Court-Fees Act with table of ad valorem Court-fee appended thereto. The plaintiff being widow having no source of income claimed exemption from payment of Court-fee under Notification F.No. 9-1-83-B-XXI, dated the 1st April, 1983.
3. The non-applicants opposed the application. T
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