Dukhu Majhi @ Dhukhuram vs ) Dangi Murmu
2026 Latest Caselaw 577 Ori

Orissa High Court

Dukhu Majhi @ Dhukhuram vs ) Dangi Murmu on 21 January, 2026

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                  RSA No.173 of 2021
Dukhu Majhi @ Dhukhuram        .....     Appellant
Tudu
                                                   Represented by Adv. -
                                                   Tusar Kumar Mishra

                                -versus-
1) Dangi Murmu                        .....                Respondents
2) Raisen Hansdah                               Represented by Adv. -
3) Dukhia Hansdah
4) Bhagirathi Majhi
5) Makara Majhi

                          CORAM:
            MR. JUSTICE ANANDA CHANDRA BEHERA

                              ORDER

21.01.2026 IA No.828 of 2021 Order No.

03. 1. This matter is taken up through hybrid mode.

2. This IA has been filed by the appellant praying for the removal of the defect shown by the Registry regarding the direction for payment of Court Fees on the ground that, the appellant belongs to Scheduled Tribe having his sub-caste Santal. For which, as per Section 35 of the Court Fees Act, 1860, he is to be exempted from payment of Court Fees, as he (petitioner/appellant) has filed the copy of the caste certificate issued by the Revenue Officer in which his caste has been reflected as Santal.

3. It appears from the judgment and decree passed in the First Appeal vide RFA No.41 of 2012 by the learned Additional District Judge, Rairangpur that, he (Petitioner) was exempted from paying the Court Fees before the First

Appellate Court on the basis of his caste as Santal belonging to Scheduled Tribe community.

4. As it appears from the judgment and decree passed by the First Appellate Court that, the petitioner belongs to Scheduled Tribe community having his sub-caste Santal and the same has also been reiterated in the certificate issued by the Revenue Officer in his favour, therefore, by applying Section 35 of the Court Fees Act, 1860, he (appellant/petitioner) should be exempted from the payment of Court Fees on the ground of his caste as Santal belonging to Scheduled Tribe community.

6. Hence, this IA filed by the appellant/petitioner is allowed.

7. The defect shown by the registry in Sl. No.3 regarding the non-payment of the Court Fees by the petitioner/appellant in the 2nd Appeal vide RSA No.173 of 2021 is removed.

8. As such the IA is disposed of finally.

(ANANDA CHANDRA BEHERA) Judge

04. 1. In view of the final order passed today in IA No.828 of 2021, exempting the appellant from the payment of Court Fees, Registry is directed to make the necessary Stamp Reporting again.

2. List this matter on 23.02.2026.

(ANANDA CHANDRA BEHERA) Location: High Court of Orissa, Cuttack Judge Date: 22-Jan-2026 15:58:46Sipra