RAMJI SHARMA Vs. M P HIGH COURT JABALPUR

JUDGEMENT

(1.) After a great deal of hesitation, after more than one "last chance" expired, return of the first respondent came on record in this matter on 16-12-1988. That respondent is the Registrar of this Court, albeit at the Main Seat. Indeed, from the Main Seat, a "Memorandum" was issued on 8-10-1984 under the signature of the Deputy Registrar and in this matter, validity thereof is seriously assailed.

(2.) Other respondents are the State of Madhya Pradesh through Collector, Gwalior, impleaded as respondent 2, besides the Deputy Registrar of this Court who has been impleaded as respondent 3. On 7-10-1988, this Court took the tentative view that the question agitated concerned exemption of court-fees, albeit under a State Government Notification, and as such, a return in this matter from respondent 2 would be welcome. However, on 16-12-1988, State Counsel, Shri Govind Singh, made a statement at the Bar that he was not representing any other respondent except respondent 2 and he further submitted that State did not have to say anything in the matter and, therefore, no return was filed on its behalf.

(3.) We extract in extenso the text of the impugned "Memorandum", addressed to District Judges : "I am directed to refer to your memo. No. 387/II.15.1/42 Pt. IV dt. 6.4.84 on the subject mentioned above and to inform you that the procedure prescribed for suits instituted by indigent persons vide O.33, Rr.1 to 18, C.P.C. read with S.141, C.P.C. may be followed in all the cases instituted by a person seeking exemption from payment of Court-fee under Govt. Notification No. 9/1/83/B-21 dt. 1-4-83". We do not consider necessary to extract similarly the Government Notification dt. 1-4-1983 referred in the above extract because that has been extracted in Laxmi Narayan, AIR 1988 Madh Pra 142 which petitioner cited and we would have occasion to deal herein with that decision. Suffice it to say this much only at this stage that by the said Notification dt. 1-4-1983, the State Government exercised explicitly its powers under S.35 of the Court-fees Act, for short, the 'Act', to "remit in the whole of the State of Madhya Pradesh the Court-fees men tiered in Arts.1-A and 2 of the First Schedule and Arts.5, 17 and 21 of the Second Schedule to the said Act payable on plaint by the following categories of persons whose annual income immediately preceding the date of presentation of plaint from all sources (did) not exceed Rs. 6,000/-". Not only members of the scheduled castes and scheduled tribes, but "persons belonging to the weaker sections of the society", besides minors, women, artisans, unskilled labourers and landless labourers have been categorised under the Notification as persons eligible for the exemption.