A.K.RATH, J. - (1.) This is an application for review of the judgment dated 18.12.2015 passed by this Court in W.P.(C) No.10717 of 2005.
(2.) The opposite party as plaintiff instituted M.S. No.149 of 2001 in the court of the learned Civil Judge (Sr. Divn.), Bhubaneswar for recovery of Rs.23,76,37,000/- towards outstanding liability impleading the petitioner as defendant. An amount of Rs.71,30,305/- was payable towards court fees. The plaintiff filed an application for exemption of court fees in view of the notification of the Government of Orissa dated 7.6.1994 issued under Sec.35 of the Court Fees Act, 1870. It was stated that the plaintiff-industry sustained heavy loss. The financial condition of the industry was in doldrums. The plaintiff was not in a position to pay the interest on loan incurred from different financial institutions. The industry was closed since 2000-2001. There was no surplus income to pay the court fee. Its annual income was much less than Rs.12,000/- per annum. Learned trial court by order dated 20.11.2002 exempted the plaintiff from payment of court fees. The defendant entered contest and filed a written statement along with counter claim. The defendant filed an application to recall the order dated 20.11.2002. The plaintiff filed objection. By order dated 20.7.2005, learned trial court allowed the application filed by the defendant and directed the plaintiff to pay the court fees.
(3.) Assailing the order dated 20.7.2005, the plaintiff approached this Court in W.P.(C) No.10717 of 2005. This Court formulated the following questions. "(1) Whether the defendant has any locus standi to challenge the order of the learned Additional District Judge (FTC No.-III), Bhubaneswar exempting the plaintiff from payment of court fees ? (2) Whether the word 'person' appearing in Clause (vi) of the notification dated 7.6.1994 issued by the Government of Orissa under Section 35 of the Court Fees Act, 1970 includes juridical person ? (3) Whether the annual income of the plaintiff exceeds Rs.12,000/- enabling it from exemption of court fees under the aforesaid notification ?" ;