Birsa Oraon & Ors vs Suresh Nand Tiwary & Anr
2023 Latest Caselaw 2917 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 F.A. No. 31 of 2023
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    Birsa Oraon & Ors.               .... .... .... Appellants
                              Versus
    Suresh Nand Tiwary & Anr.        .... .... .... Respondents
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Satish Kr. Keshri, Advocate

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Order No.03 Dated- 16.08.2023 I.A. No.3957 of 2023 Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to exempt the court fee as pointed by the Registry of this Court.

It is submitted by the learned counsel for the appellants that the appellants has filed this appeal against the judgment dated 13.12.2022 passed by the Civil Judge (Sr. Division)-V, Ranchi in Original Suit No. 372 of 2018. The appellants belongs to Oraon caste and comes under the Schedule Tribe and the appellants are a poor cultivator and their annual income is Rs.84,000/-. It is next submitted that the appellants are legal heirs of the recorded tenant in respect of 5.77 acres of land. It is further submitted that in paragraph no.7 of this interlocutory application, that in exercise of the power under Section 35 of Indian Court Fees Act, 1870 as well as standing orders, the court fee assessed by the Registry of this Court be exempted.

Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to refer to Section 35 of Indian Court Fees Act, 1870 which reads as under:-

"35. Power to reduce or remit fees.-The [Appropriate Government] may, from time to time by notification in the Official Gazette, reduce or remit, in the whole or in any part of [the territories under its administration], all or any of the fees mentioned in the First and Second Schedules to this Act annexed and may in like manner cancel or vary such order."

The learned counsel for the appellants could not produce any standing order which exempts payment of court fee by the appellants. So far as Section 35 of Indian Court Fees Act, 1870 is concerned, that power is vested upon the Appropriate Government to reduce or remit, whole or part of the court fee. Thus certainly, this Court , being not the appropriate proper government; hence, in the considered opinion of this Court, this Court cannot exercise the power under Section 35 of Indian Court Fees Act.

Hence, this Court is not inclined to allow the prayer to exempt the appellants from paying the court fee by the exercise of the power under Section 35 of Indian Court Fees Act which is not vested upon this Court.

Accordingly, this interlocutory application being without any merit is dismissed.

(Anil Kumar Choudhary, J.)

I.A. No.7217 of 2023 Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to implead Member Secretary of the Jharkhand High Court Legal Services Authority as party respondent.

It is submitted by the learned counsel for the appellants that I.A. No. 3957 of 2023 has been rejected by this Court already vide its order passed today. It is next submitted that appellants belongs to Oraon caste and comes under the Schedule Tribe. It is next submitted that the appellants are legal heirs of Khatiyani Raiyat. It is then submitted that in view of Section 35 of Indian Court Fees Act, 1870 as well as standing orders including the Legal Services Authority Act, the court fee and the authentication fee as pointed out by the office of this Court in the instant first appeal may be exempted; in the interest of justice. It is next submitted that the Member Secretary of the Jharkhand High Court Legal Services Authority be impleaded as respondent no.3 in the memo of appeal to look after the interest of the appellants who belongs to Schedule Tribe being Oraon caste and to fully exempted the appellants from filing the deficit court fee or it may be provided by the Jharkhand High Court Legal Services Authority. It is next submitted that the member of Schedule Tribe is entitled for legal services under Section 12 (a) of the Legal Services Authority Act, 1981. Hence, it is submitted that Member Secretary of the Jharkhand High Court Legal Services Authority be impleaded as respondent no.3.

Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that Jharkhand High Court Legal Services Authority is an authority constituted to provide legal services and the allied acts, deeds and things to be done. In case the appellants who has already engaged a private lawyer intends to get legal services from the Jharkhand High Court Legal Services Authority, they can do so by straightway approaching the Secretary of the Jharkhand High Court Legal Services Authority but certainly the Jharkhand High Court Legal Services Authority is neither necessary party nor the appropriate party of this appeal, hence, there is no merit in the contention of the appellants to implead Member Secretary of the Jharkhand High Court Legal Services Authority as respondent no.3.

Accordingly, this interlocutory application being without any merit is dismissed.

(Anil Kumar Choudhary, J.) F.A. No. 31 of 2023

Heard the parties.

The learned counsel for the appellants undertakes that the appellants will file the court fee and will remove the remaining defects as pointed out by the stamp reporter within two weeks.

The appellants are directed to file the court fee and remove the remaining defects as pointed out by the stamp reporter within two weeks, failing which, this appeal shall stand dismissed without further reference to the Bench.

Sonu-Gunjan/-                         (Anil Kumar Choudhary, J.)