BAL KRISHNA ARORA Vs. CIVIL JUDGE AGRA

JUDGEMENT

(1.) N. B. Asthana, J. Respondent No. 3 Smt. Sharda Devi filed Civil Suit No. 205 of 1969, as indigent person, against the petitioner and two other defendants (not made party to this writ petition) for partition and separate possession of her alleged 4/9 share in the property detailed at the foot of the plaint and for the recovery of Rs. 8536-79 as her share of the other alleged joint properties said to have been sold by the defendants. The suit was dismissed on September 30, 1977 with costs on parties, with the direction that the defendant No. 1, petitioner before us, would pay the required amount of court-fee to the stet copy of the decree was ordered to be sent under Order XXXIII. Rule 14, C. P. C. to the Collector, Agra, for realization of the amount of court-fee. Aggrieved by this direction the petitioner has come to this Court under Article 226 of the Constitution with the prayer that the above direction be quashed and that the respondent No. 2, Collector, Agra, be directed by a writ of mandamus not to realize the court-fee from the petitioner in compliance of the above direction.

(2.) NONE of the respondents, although duly served, filed counter affidavit. We have heard the learned counsel for the petitioner Sri Swami Dayal and the learned Standing Counsel.

(3.) THE court when it passes a decree dismissing the suit of an indigent person must provide in that decree for payment, by the plaintiff, of the court-fee due to the Government. When the suit of an indigent person fails, he is liable to pay the due amount of court-fee. THEre is nothing in the Code of Civil Procedure to indicate that in case the suit of an indigent person fails the defendant, and not the plaintiff, would be liable to pay the due amount of court-fee. THE learned Standing Counsel did not support the above direction of learned Civil Judge, Agra and frankly conceded that it was not in accordance with law. Sri R. P. Yadav, now reported to be 1st Addl. District and Sessions Judge, Meerut had decided the suit.