Advocates:
['M/S PRAFULLA CH BISWAL', '', 'S K BEHURA', 'N PATNAIK']

HIGH COURT OF ORISSA : CUTTACK

C.M.P. No.1545 of 2018

In the matter of an application under Article 227 of the Constitution of

India.

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Sanjay Kumar Das

&. Petitioner

Versus

Munmum Patnaik and others

&. Opposite Parties

For Petitioner

&

Mr. Prafulla Ch. Biswal, Advocate

PRESENT:

THE HONOURABLE DR. JUSTICE A.K.RATH

Date of hearing and judgment : 21.12.2018

Dr. A.K.Rath, J The core question that falls for determination in

this petition is whether a woman, who is a domicile of the State of

Orissa and became US citizen, is exempted from payment of court fee ?

2.

Since the dispute lies in a very narrow compass, facts need

not be recounted in details. Suffice it to say that plaintiff-opposite

party no.1 instituted the suit for declaration of title, partition and

permanent injunction. The suit is valued at Rs.1,11,84,300/- on

which, advolerum court fees of Rs.3,61,931/- is payable. As the

plaintiff is a woman, she is exempted from payment of court fees. After

appearance, defendant no.1 filed an application stating therein that

the plaintiff is a citizen