ORDER
B.B. Vagyani, J.
1. Heard Shri R.M. Borde, learned Advocate for the petitioners and Shri Chaudhary for the respondents.
2. With the consent of the learned Counsel of the parties, the matter has been heard and finally disposed of.
3. Too techincal approach not only mars the sacrosanct spirit but frustrates the very soul of the scheme, which has been declared and implemented by the Government of Maharashtra, giving certain benefits to woman litigants in the matter of payment of Court fees.
4. The facts of this civil revision application lie within very narrow compass.
5. After sad demise of Ganeshchand Mutha, who happens to be the son of the petitioner No. 1 and other co-petitioners initiated Civil action for grant of Succession Certificate, in respect of the debts, securities, cash, shares, insurance policies, etc. left by late Ganeshchand Mutha.
6. The settlement was arrived at in between the respondent and petitioners Nos. 1 to 4. In response to the amicable settlement, the learned Trial Judge, allowed the application for grant of Succession Certificate and by his order dated 18-3-1997, directed to issue Succession Certificate in the names of petitioners Nos. 1 to 4, in respect of the debts, securities, shares, insurance policies, etc. left by the deceased Ganeshchand.
7. Relying on the Government Resolution dated 1-10-1994, the petitioners moved the trial Court for exemption in the matter of payment of Court Fees. According to the petitioners, the petitioner Nos. 1 to 3 are women any by virtue of the said Government Resolution dated 1-10-1994, the petitioners are entitled to get the benefit of exemption in the matter of payment of Court Fees. The petitioners have enclosed copy of the gazette on record for the purpose of perusal of the learned Trial Judge.
8. The learned Trial Judge is of the view that there is no dispute pertaining to the property and consequently, rejected the application of the petitioner in the matter of exemption of the Court Fees. This rejection order dated 21-3-1997 has been challenged in this civil revision application, filed by the present petitioners.
9. The impugned order, passed by the learned Civil Judge, Senior Division, Aurangabad, is very cryptic and runs in three lines. The substance of the rejection order is that the dispute doesn’t pertain to the property and the nature of the proceedings is of Succession Certificate. The approach adopted by the Civil Judge, Senior Division, Aurangabad, is too technical and at the same time, too narrow.
10. The Government of Maharashtra has decided to extend certain benefits to the woman litigants in the matter of exemption of Court Fees. The intention behind extending the benefits in the matter of payment of Court Fees appears to be sacrosanct. No woman litigant suffered by poverty should be deprived of her legitimate right in relation to the property. Therefore, the Government has decided to confer the very valuable right on the woman litigants. By virtue of the Government of Maharashtra Notification dated 1-10-1994, the woman litigants are allowed to initiate appropriate action in the Civil Court or Criminal Court in respect of cases relating to (a) maintenance (b) property dispute (c) violence and (d) divorce, without paying Court Fees.
11. White appreciating the issue involved one cannot forget that the Government of Maharashtra has decided to promote the welfare of the woman litigants. The relevant extract of notification issued under section 46 of the Bombay Court Fees Act, reads as under :
“And whereas section 46 of the Bombay Court Fees Act, 1959 (Chapter XXXV of Act, 1959), the Government of Maharashtra hereby remits the fees payable by woman litigants on any of the plaints, applications, petitions, memorandum of appeals, or any other documents specified in the First and Second Schedules of the said Act to be filed in any Civil or Criminal Courts in respect of cases relating to (a) maintenance (b) property disputes (c) violence and (d) divorce.”
12. If the Notification is subjected to close scrutiny, it clearly indicates that the remission of fees payable by the woman litigants in respect of application specified in First and Second Schedules, the Succession Certificate is contemplated by Article 11 of the Schedule First.
13. It appears that the learned Civil Judge, Senior Division, Aurangabad, has interpreted property dispute as a dispute pertaining to the immovable property. This interpretation is too narrow and too technical. The petitioners, in this particular case, are claiming right in respect of the property left by deceased Ganeshchand. In the present case, the petitioners claim right in the property left by deceased. In short, the right claimed by the petitioners is certainly involved in the application for grant of Succession Certificate. In my humble opinion, the spirit behind the Notification issued by the Government of Maharashtra is required to be taken into consideration while granting remission of fees payable by woman litigants. This spirit cannot be defeated, declining to extend benefit of the notification in the matter of grant of Succession Certificate.
14. In my opinion, the petitioners are clearly entitled to get remission of Court Fees. Similar view is taken by Justice A.P. Shah of this High Court in Writ Petition No. 4709/ 1995, decided on 5th October, 1995.
15. The impugned order passed by the learned Civil Judge, Senior Division, Aurangabad, is hereby set aside and the learned Civil Judge, Senior Division, Aurangabad, is hereby directed to proceed with the matter, without insisting for Court Fees and to grant appropriate relief to the petitioner in the matter of grant of Succession Certificate promptly and in any event, within four weeks from today.
The civil revision application is disposed of.
Certified copy expedited.
16. Application allowed.