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1997 Supreme(Online)(MP) 1

MADHYA PRADESH HIGH COURT
, J
Vimalabai v. State of M. P. and Others


Advocates:
For the Appellants/Petitioners: Shri Trivedi
For the Respondents: Shri Sen

Table of Content
1. details of plaintiff's income and circumstances. (Para 1 , 2)
2. arguments regarding interpretation of income eligibility. (Para 3)
3. court’s validation of exemption based on individual income. (Para 4 , 5 , 6)

1. The plaintiff - applicant being aggrieved by O.19-2-92 passed in Civil Original Suit No. 9 - B / 91 by the learned fifth Additional District Judge, Ujjain, holding that the plaintiff is not entitled to exemption from the Court - fees under Notification No. F.9.83 - b - XXI dt. 1-4-1983 published in M.P. Rajpatra (Asadharan) dt. 1-4-1983, page 1068 have filed this revision.

2. The plaintiff had filed the suit stating that despite her family planning operation she had conceived and later on delivered a female child. On basis of these facts she sued the authorities under common law for recovery of damages. In the suit she pleaded that her monthly income is not above 400 rupees. The matter was contested even on the matter of Court - fees. The learned trial Court refused to exempt the present applicant basically on the ground that the plaintiff has not stated in her statement / application about the income of her husband as in the opinion of the Court the respo















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