THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CIVIL REVISION PETITION No.1930 of 2024

ORDER:

This revision is directed against the order dated

02.04.2024, directing the petitioner/plaintiff to pay Court Fee under Section 34(1) of the Court Fee and Suit Valuation Act, 1956 (for short, the ‘Act’).

2. Heard learned counsel appearing for petitioner. None appeared for respondents.

3. The Original Suit has been filed by the plaintiff for partition and separate possession of her share. Along with the suit, she has paid a fixed Court Fee of Rs.200/- under Section 34(2) of the Act. The office of the trial Court has taken objection that Court Fee should be paid under Section 34(1) of the Act but not under Section 34(2), on the ground that the suit schedule property was alienated to defendant Nos.4 to 42 and it is not in possession of joint family members i.e., plaintiff and defendant Nos.1 to 3. The contention of the petitioner is that the suit schedule land is undivided Hindu joint family property and that plaintiff and defendant Nos.1 to 3 are in joint possession of the same being coparceners, therefore, a fixed Court Fee of Rs.200/- is sufficient under Section 34(2) of the Act.

4. Learned counsel f