1 W.P.No.7172/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7172 OF 2011. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.Y.V.Kakade, advocate for the petitioner. CORAM : S.V.GANGAPURWALA,J. Date : 20.09.2011. PER COURT : 1. Heard. 2. The present Respondents have filed suit for maintenance against the present petitioner. The issues are framed and the suit is ripe for trial. After the issues are framed, the petitioner filed application purportedly U/o 7 Rule 11 of the C.P.C. on the ground that the Court fees is required to be paid. The same is not paid. The plaintiffs be directed to pay the Court fees, failing which the suit be dismissed. The trial Court vide its order dated 29.3.2011, directed that the said application to be considered at the time of final disposal of the suit. Aggrieved thereby, the present petition is filed. 2 W.P.No.7172/11 3. Mr.Kakade, learned counsel for the petitioner submits that the plaintiffs are trying to take the benefit of the Government Resolution exempting payment of Court fees. The said exemption would be available only to the wife and not to the daughter. The maintenance is claimed in effect for the daughter. The question of insufficiency of Court fees has to be decided at its inception and can not be postponed as if after directions are issued for payment of Court fees and the same is not paid then the plaint is liable to be rejected U/o 7 Rule 11 of the C.P.C. 4. The Court has observed that the issues are framed and the matter is ripe for evidence. Taking into account the nature of the suit, it would be in fitness of things to get the suit decided expeditiously instead of deciding such applications. In case, the Court comes to the conclusion that the plaintiffs are required to pay the amount, the Court at the time of final trial is competent to pass such an order. 5. In light of the above, no error in the order passed by the trial Court. As such, the Writ Petition is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.20.09.2011. asp/office/wp7172.11 3 W.P.No.7172/11