Gurpal Singh vs Jagdish Singh

Paramjeet Singh, J.—Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 21.11.2012 (Annexure P-4) passed by learned Additional District Judge, Kurukshetra whereby application moved by respondent-plaintiff for rejection of memorandum of appeal for want of payment of requisite court fee, has been allowed and the petitioner has been directed to pay court fee as per Court Fee Act. Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the respondent filed suit for possession by way of specific performance of the contracts dated 18.04.2006 and 04.05.2006. The said suit was filed in the Court of learned Civil Judge, Kurukshetra, but during the pendency of suit, the Gram Nyayalayas Act, 2008 came into force on 07.01.2009. As per provisions of the said Act, the case was transferred to the Court of learned Nyayadhikari, Gram Nyayalayas, Shahabad (M), Kurukshetra. As per provision of the Haryana Gram Nyayalayas Rules, 2010, every application or complaint before the Gram Nyayalaya is to be accompanied by court fee of Rs. 50/-. An appeal against the order of the Gram Nyayalaya lies before the District Judge in the matters provided by the Rules and court fee on appeal is to be affixed as per provisions of the Court Fee Act. In the present case, the said suit was decreed by the Gram Nyayalaya vide judgment and decree dated 02.06.2012 and an appeal was preferred against the said judgment and decree. During the pendency of appeal, the respondent moved an application for rejection of appeal on the ground that appeal has been filed with a court fee of Rs. 100/-, however, the court fee of Rs. 1,45,400/- is required to be affixed as per Court Fee Act and the rules framed under Gram Nyayalaya Act. The petitioner filed reply to the said application. Vide impugned order dated 21.11.2012, learned Additional District Judge, Kurukshetra allowed the said application and held that court fee, as mentioned by the respondent in the application i.e. to the tune of Rs. 1,78,762/- is to be paid. Feeling aggrieved with the order dated 21.11.2012, the instant revision has been filed.

I have heard learned counsel for the parties and perused the record.

Learned counsel for the petitioner has vehemently contended that a fixed court fee of Rs. 50/- has to be affixed on the plaint in case before the Gram Nyayalaya, therefore, on appeal arising out of the order of Gram Nyayalaya, the same court fee is to be affixed. The learned counsel has further contended that since Gram Nyayalayas Act, 2008 is a special Act, therefore, the same court fee as applicable to the plaint is also payable in appeal arising out of the order of the Gram Nyayalaya.

On the other hand, learned counsel for the respondent has vehemently opposed the contentions of learned counsel for the petitioner and supported the impugned order and argued that in view of Rule 8 of Haryana Gram Nyayalayas Rules 2010, fee under Court Fee Act is to be paid.

I have considered the rival contentions of learned counsel for the parties.

It would be appropriate to refer to Rule 8 of Haryana Gram Nyayalayas Rules, 2010 which reads as under:

Court Fee.-Every application or complaint shall be accompanied by a court fee stamp of Rs. 50/-. In respect of all other matters, Court fee as per the provisions of Court Fee Act shall be payable.

Rule 8 of Haryana Gram Nyayalayas Rules, 2010 provides that on a plaint filed before Gram Nyayalaya, a court fee of Rs. 50/- is to be affixed and in respect to all other matters, court fee as per the provisions of Court Fee Act shall be payable. The words "in respect to all other matters, court fee as per provisions of Court Fee Act" clearly indicates that court fee on appeal arising out of the order of the Gram Nyayalaya shall be payable as per provisions of Court Fees Act, as per the value of the subject matter. In view of above, I do not find any illegality or perversity in the impugned order.

Dismissed.

However, the petitioner will be at liberty to make good the, deficiency in court fee within one month from today.