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NYAPATHY VIJAY
M. Venkataram Naik – Appellant
Versus
Vadithya Sreeram Naik – Respondent
ORDER :
NYAPATHY VIJAY, J.
1. The Civil Revision Petition is filed aggrieved by the Order dated 30.06.2022 in C.F. No.563 of 2022 in O.S. No.-- of 2022 passed by the Junior Civil Judge, Puttaparthi, Ananthapuram District.
2. The Petitioner is the Plaintiff belonging to Schedule Tribe Community. A suit was filed for recovery of money said to have been given by the Petitioner to the respondent pursuant to an Agreement of Sale dated 10.03.2018 for an amount of Rs. 5,80,000/- said to have been given by the petitioner to the respondent under Agreement of Sale dated 10.03.2018 with regard to the suit schedule property. It is the contention of the Petitioner that though an agreement of sale was executed, the Respondent was evading to execute Registered Sale Deed by postponing the same on some pretext or the other. In that view, the petitioner sought for refund of the sale consideration with interest. As the same was not being paid, the said suit was filed for recovery of the suit amount with costs and future interests.
3. The suit was filed without paying Court Fee and exemption was sought on the ground that the Petitioner belongs to Schedule Tribes Community. The Petitioner relied on G.O. Ms
Statutory exemptions from court fees for Scheduled Tribes must be honored unless rescinded or modified, as established under Section 68 of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956.
Section 2 (2) C.P.C which defines the expression “decree” and thereafter held that definition of decree in Section 2 (2) C.P.C shall be deemed to include an order rejecting a plaint.
In a suit for partition of joint family property, where the plaintiffs claim joint possession, a fixed Court fee of Rs.200.00 is payable under Sec 34(2) of APCF and SC Act.
A revision petition regarding inadequacy of court fee is not maintainable when jurisdiction is not in question, as it is deemed a dispute between the litigant and the Registry.
The issue of proper court fees being paid is essentially an issue between the plaintiff and the State, and the defendant cannot be termed as an 'aggrieved party' to invoke the revisional jurisdiction....
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