This revision is directed against order dated 26.9.89 of Second Additional District Judge, Shajapur passed in Misc. Case No.2 of 89, whereby the plaintiff-applicant has been refused permission for exemption of court fees as per notification No. F.9-1-83-B-XXI dated 1st April, 1983.

The brief history of the case is that the plaintiff (applicant here) filed an application in the trial Court with an assertion that he is entitled to half share in the property presently in possession of the non-applicant. The applicant valued his share to the tune of Rs. 50,000/-. The applicant claimed that he belongs to a weaker section of the Society and his annual income does not exceed Rs. 6,000/-and, therefore, he be exempted from paying the Court fee.

The contention of the learned counsel for the applicant is that as per notification dated 25.12.1994, persons of 82 castes have been declared to be socially and educationally backward. 'Dhobi' appears at No. 20 of that list and since the applicant is a 'Dhobi' and, therefore, he is entitled for the exemption.

The Madhya Pradesh Government issued the following Notification regarding exemption of Court fee:

"Notification F.No. 9-1-83-B-XXI, dated the 1st April, 1983. In exercise of the powers conferred by Section 35 of the Court fees Act, 1870 (No.7 of 1870), the State Government hereby remits in the whole of the State of Madhya Pradesh, the Court fees mentioned and Articles 1-A and 2 of the first schedule and Articles 5, 17 and 21 of the second schedule to the said : Act payable on plaint by the following categories of persons whose annual income immediately preceding the date of presentation of plaint from all sources does not exceed rupees six thousand, namely: -

(i) member of Scheduled Tribes;

(ii) member of Scheduled Castes;

(iii) minors;

(iv) women;

(v) artisen;

(vi) unskilled labourer;

(vii) landless labourer;

(viii) person belonging to the weaker sections of society."

xx xx xx xx

Thereafter other Notification No. F-8-5-25-4-84 dated 26.12.1984 has been issued under Art. 15 (4) and 16 (4) of the Constitution and persons belonging to the castes enumerated therein have been declared to be socially and educationally. backward. Dhobi appears in No. 20 of that list. Though there is no specific notification declaring persons belonging to weaker sections of the Society for the purpose of exemption of Court-fee, but the declaration made as per notification dated 26.12.1984 can be borrowed for that purpose. Similar observation has been made by Shri T.N. Singh, J. in a case reported in AIR 1988 MP, 142 (Laxmi Narayan v. Madan Mohan and another). I agree with the observation made in that case.

In view of the notifications referred above whereby persons of certain caste has been declared to be persons of socially and educationally backward class the benevolent provision of exemption of court fee can be extended to persons of those class. Thus, in the opinion of this Court learned trial Court was not right in rejecting the application on the ground that the person does not belong to a weaker section of the Society. However, there is no finding as to whether the applicant has got an income below Rs. 6,000/- per year. That will be a subject matter of enquiry by the trial Court. As such the revision succeeds. The impugned order is set aside. The file is sent back to the trial Court with a direction that the trial Court shall enquire as to whether the applicant has got an income below Rs. 6,000/- per year. If it is so, he may be given that exemption from payment of court fee.