Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Deficiency in court fee Suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908:.s.149 - Deficiency in court fee - Suit - Application byplaintiff-appellant for extension of time to pay balance courtfee - Rejected by trial court- High Court rejecting appellant'sapplication for condonation of delay in filing regular firstappeal - Held: s. 149 prescribes a discretionary power whichempowers the court to allow a party to make up the deficiencyof court fee payable on plaint etc. - It is also a usual practicethat court provides an opportunity to the party to pay court feewithin a stipulated time - Further, subject to submission of anaffidavit by appellant of his income, court fee could have beenwaived or provided by District Legal Services Authority -Appellant deserved waiver of court fee so that he could contesthis claim on merits which involved his substantive right -Trial court erred in rejecting the case of appellant due to non-payment of court fee - Delay in filing regular first appeal,having been explained, High Court erred in rejecting theapplication for con(i9nation of delay in filing the appeal -Judgments and decrees of trial court and High Court, setaside - Delay by appellant in· payment of court fee iscondoned - Case remanded to trial cdurt for payment of courtfee - Liberty given to appellant to approach District LegalService Authority/Taluk Legal SeNice Committee for grant oflegal aid for sanction of court fee - Trial court shall adjudicate on rights of parties on merits - Legal Services Authorities Act, 1987 - s.12(h) - Kerala State Legal Services Authorities Rules, 1998 - r.12 - Constitution of India, 1950 - Arts. 39-A rlw Art.21- Social justice - Court fee. Constitution of India, 1950: Art.39-A - Equal justice and free legal aid - Applicationof plaintiff for extension of time to pay balance court fee,rejected by trial court - Held: Art. 39A is equally applicableto district judiciary - It is the duty of courts to see that justiceis meted out to people irrespective of their socio economicC and cultural rights or gender identity -· Art. 39A provides forholistic approach in imparting justice to litigating parties - Itnot only includes providing free legal aid via appointment ofcounsel for the litigants, but also includes ensuring that justiceis not denied to litigating parties due to financial difficulties -D Social justice. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2013 INSC 781 |
Petitioner | Manoharan |
Respondent | Sivarajan & Ors. |
SCR | [2013] 12 S.C.R. 471 |
Judgement Date | 2013-11-25 |
Case Number | 10581 |
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