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As per case facts, a suit for specific performance was filed, and after the original plaintiff's demise, two women, Asiya Banu and Hameetha Beevi, claimed status as wife. The trial
...court granted specific performance but denied relief to Hameetha Beevi, prompting her to file a cross-objection in the appeal. The question arose whether a cross-objector, who challenges the trial court's decree and seeks specific relief, needs to pay ad valorem court fee or a standard court fee. Finally, the Court held that a cross-objection attacking the decree, and not merely a finding, must be treated as an appeal for court fee purposes, requiring ad valorem payment. The cross-objector was given eight weeks to pay the ad valorem court fee, failing which her cross-objection would be dismissed. The Court also indicated its power under Order 41 Rule 33 CPC to grant relief to her if the main decree is upheld, provided she pays the requisite court fee.
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