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1983 Supreme(Pat) 214
HIGH COURT OF PATNA
S.B. SANYAL, J.
Laxmi Ravidas & Ors : Appellants
Vrs.
Ram Chandra Gope & ors : Respondents
S.A. No. 239 of 1982
Decided On : 22.8.1983
For the appellant : Mr. Ashwini Kumar Roy;
For the Respondent or State: None.
Headnote:Court Fees Act, Sec. 35 (Bihar Amendment) - Persons belonging to Scheduled Castes, Scheduled Tribes, Landless persons and such other persons whose annual income does not exceed Rs. 4000/- are not liable to Court Fees and other Fees. (Para 2)
(1) This is an application for exemption of payment of Court fees in view of the amendment on 19.8.1981 passed under section 35 of the Court Fees Act. It is submitted that the appellants are scheduled caste for which certificates have been annexed. Other certificates show that the income of the appellants is not more than Rs. 2560/-.
2. On 9.5.1980 I directed that a copy of this petition be served on the Advocate General and the exemption matter be heard in his presence. Inspite of that no body has appeared on behalf of the State today. In that view of the matter, I accept the statement of fact made in the petition and also take into consideration the various certificates annexed with it and conclude that in view of the amendment, the appellants are not liable to pay Court Fees and other fees required in this appeal. It is, however, made clear that there will be no refund of Court fees already paid.
3. There is no opposition. The application is accordingly, allowed.
Application allowed.
