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2018 Supreme(Tri) 309

S. TALAPATRA
Bibhuti Ranjan Das, son of late Santi Ranjan Das – Appellant
Versus
Sunanda Das, daughter of Sri Bibhuti Ranjan Das – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R. Chakraborty, Adv.
For the Respondent: Mr. R.R. Datta, Adv.

JUDGMENT & ORDER :

1. To challenge the order dated 29.06.2017 delivered in Civil. Misc.73 of 2015 by the Judge, Family court, Agartala the petitioner who raised the objection in the trial court that the suit was not properly valued and stamped as per the Court Fees Act, 1870 has contended that in a suit for maintenance and annuities as the court fees has to be paid ad valorem under Section 7(ii) of the Court Fees Act, 1870 specifically provides as under:

“In suits for maintenance and annuities or other sums payable periodically—according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year.”

2. The respondent, in this petition, instituted the suit under Section 20 of the Hindu Adoption and Maintenance Act, 1956 to realize the maintenance allowance from the petitioner who is her father.

3. By filing the written objection on 02.05.2017, the petitioner herein (the Opposite Party in that proceeding) has categorically taken stand in the trial court that the suit was not properly valued and stamped as per the Court Fees Act, 1870. The petitioner herein filed an application on 29.06.2017 under Order VI Rul

























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