Orissa High Court: A Bench comprising of Dr A.K. Rath, J. clarified the point on exemption of paying court fees in respect of a woman through the present order.
The plaintiff-opposite party 1 had instituted the suit for declaration of title, partition and permanent injunction. Value of the suit was at Rs 1, 11, 84,300 on which ad valorem court fees is of Rs 3, 61,931 payable. It has been contended that the plaintiff being a woman will be exempted from the payment of court fees.
Further, it has been stated that the plaintiff in the present case was a citizen of USA due to which she was not liable to be exempted from payment of court fees. Trial Court had rejected the said submissions which lead to the instant petition.
The Bench stated that in accordance to the SRO No. 575 of 1994 issued by the Government of Orissa under Section 35 of the Court Fees Act, 1987, categories of persons are exempted from payment of court fees, which clearly states that women are exempted from the payment of court fees. The Court also stated that the notification sweeps the woman of any status or nationality.
Therefore, in view of the notification stated above, plaintiff being a woman is exempted from the payment of court fees and the impugned order does not suffer from any illegality or infirmity warranting the interference of the Court under Article 227 of Constitution of India. [Sanjay Kumar Das v. Munmum Patnaik, 2018 SCC OnLine Ori 445, decided on 21-12-2018]