IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 5 OF DECEMBER, 2025 MISC. PETITION No. 5370 of 2025 SMT.VIMLA SARAF D/O BABULAL SARAF Versus SHYAM BIHARI AND OTHERS Appearance:

Shri Janak Lal Soni - Advocate for petitioner.

ORDER By way of this petition, the petitioner has challenged the order of the appellate Court dated 28.08.2025 whereby the appellate Court has rejected the application under Section 35 of the Court Fees Act for remission from payment of Court Fees in appeal.

2. The petitioner had filed a suit for specific performance stating that there was an agreement to sale for total consideration of Rs.70.00 Lakhs, out of which Rs.45.00 Lakhs was paid in advance but the defendants are not accepting the remaining amount and not executing the sale deed.

3. The suit was filed with payment of full court fees of Rs.1.50 Lakh but in appeal the present petitioner made various assertions regarding adverse family circumstances that suddenly took place in her family after filing of the suit, as a result of which, the petitioner was no longer in a position to pay the requisite court fees for filing the appeal.

4. The petitioner sought benefit of notification dated 01.04.1983 issued by the State Government, as amended vide amendment notification dated 14.02.2011 whereby the State Government has remitted entire court fees for certain categories of persons whose annual income from all sources is not more than Rs.25,000/- . Initially, the fiscal limit was Rs.6,000/- per annum but now by amendment dated

15.02.2011, it has been enhanced to Rs.25,000/- per annum.

5. The appellate Court had held that the benefit of said notification can only be claimed by a person at the time of filing of the suit and this benefit cannot be claimed at the time of filing of appeal.

6. The aforesaid notification dated 01.04.1983 as amended on 15.2.2011, is as under:-

"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 in 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 presentation of plaint from all sources does not exceed [rupees twenty five 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 section of society.

Explanation.- For the purposes of this notification:-

(i) "Member of Scheduled Castes" means a member of any caste, race or tribe or part of or group within caste, race or tribe specified as such with respect to the State of Madhya Pradesh under Article

341 of the Constitution of India;

(ii) "Member of Scheduled Tribes" means a member of any tribe. tribal community or part of or group within a tribe or tribal community specified as such with respect to the State of Madhya Pradesh under Article 342 of the Constitution of India.

[Pub. in MP Gaz, (Asadharan) dated 1st April, 1983, page 1062]."

7. The intention of the State Government in not remitting court fees on appeal can be gauged by another notification issued by the State Government dated 29.12.1984 in the matter of cases filed on account of damage sustained by environmental pollution and escape of gases etc. which clearly mentions that the court fees shall be remitted on plaint as well as on appeal or revision. The notification dated 29.12.1984 is as under:-

"Notification F. No. 9-1-84-B-XXI, dated the 29th December 1984.- 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 whole the court fees mentioned in Article 1-A of the First Schedule and Articles 1. 11 an