AIR 1992 MADHYA PRADESH 35 ::(1993) 2 BankCLR 261 ::(1992) Jab LJ 10

Madhya Pradesh High Court

Hon'ble Judge(s): T. N. Singh , J

Court-fees Act (7 of 1870) , S.35— Notification No. F. 9.83-B-XXI dt. 1-4-1983 under - Exemption from payment of court-fees Reference made to the word "plaint" only Benefit of exemption contemplated under the notification - Could not be denied in respect of a memorandum of appeal. Constitution of India , Art.15(4), Art.39A— The word "plaint" has not been used to denote any choice made purposely and deliberately to deny exemption in respect of a memorandum of appeal. In due compliance with the Constitutional imperative of Arts. 15(4) and 39-A, exemption is contemplated under the Notification from payment of court-fees in respect of all pleadings included in the various specified Articles of the Court-fees Act to provide partial "legal aid" to the needy. It is the case simply of draftman's use of a particular technique of using the word "plaint" in denominative sense to eschew prolixity and promote brevity. In any case, it is also to be noted that the word "plaint" is defined neither in C.P.C. nor in the Court-fees Act. Had that been the case, there was scope for controversy. On the other hand, the established principle that appeal is an extension of the suit the "plaint" and "memorandum of appeal" are to be treated as pleadings of the same genera, and to both, the Notification applies.(Para 7) .....