1926 Supreme(Mad) 1

IN THE HIGH COURT OF MARAS
The Secretary Of State For India
Versus
Sarvepalli Venkatalakshmanna
Decided On : 4 January, 1926

Proper method of recovering court fees from a pauper plaintiff is by appointing a Receiver to collect the maintenance amount and pay the fee due by the plaintiff to the Government.

Headnote:

Court Fees - Recovery of Court Fees from Pauper Plaintiff - Proper Method of Recovery

Fact of the Case:

The appellant's execution petition did not ask for relief in the form of appointing a Receiver to collect the maintenance amount and pay the court fee due by the plaintiff. The court granted leave to amend the petition accordingly and forwarded it to the Lower Court for disposal in the light of the Privy Council decision.

Finding of the Court:

The court negatived the contention that Government cannot recover the court fees decreed as payable to Government from a pauper plaintiff, especially when the plaintiff's property is confined to a right to future maintenance. The court indicated the proper method of recovering such court fee, which is by appointing a Receiver to collect the maintenance amount and pay the fee due by the plaintiff to the Government.

Issues: Recovery of court fees from a pauper plaintiff and the proper method of recovery.

Ratio Decidendi: The Privy Council ruling in Rajindra Narain Singh v. Sundara Bibi (1925) ILR 47 All 385 : 49 MLJ 244 (FC) indicates the proper method of recovering court fees from a pauper plaintiff, which is by appointing a Receiver to collect the maintenance amount and pay the fee due by the plaintiff to the Government.

Final Decision: The court granted leave to amend the appellant's execution petition to include relief in the form of appointing a Receiver to collect the maintenance amount and pay the court fee due by the plaintiff. Each party will bear their own costs in this appeal.