AIR 1962 BOMBAY 23 ::63 Bom LR 307 ::ILR (1961) Bom 463

Bombay High Court

Hon'ble Judge(s): Gokhale , J

(A) Court-fees Act (7 of 1870) , S.31(1)— (as amended by Bombay Act 12 of 1954) - "Fee paid by the @page-Bom24Plaintiff"' - Suit instituted in forma pauperis - Compromise decree in terms of compromise requiring defendant to pay court-fee payable by plaintiff - Court-fee must be held to have been paid by defendant on behalf of plaintiff. Under the provisions of O.33, Civil P.C. the ultimate responsibility for the payment of court-fees is on the plaintiff. Where in a suit instituted in forma pauperis a decree in terms of compromise is passed, in which it is stated that whatever court-fee was payable the same should be paid by the defendant, under the terms of the compromise decree the defendant was satisfying the liability of the plaintiff in respect of the court-fees, and that is why the Court directed that the court-fee should be recovered from the defendant. In view of the wording of the compromise, it must be held that the payment of the court-fee was made by the defendant on behalf of the plaintiff.(Para 4) (B) Court-fees Act (7 of 1870) , S.31(1)— (as amended by Bom. Act 12 of 1954) - "Fee paid by the plaintiff on the plaint" - Pauper suit - Compromise decree before settlement of issues - Court-fee recovered from party must be held to have been paid on plaint. ....