LOKMANYA DAHAKARI GRIHA NIRMAN DANSTHA Vs. KAVITA DEVANI

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner, who is defendant no. 1 in the trial Court, has challenged the validity of orders dated 03.11.2006 and 23.6.2007 passed by the said court in Civil Suit No.3 8A/2006. By the first order, the trial Court has granted permission to the plaintiff to prosecute her suit without payment of requisite court fees on the basis of remission given under notification dated 01.04.1983 issued u/s 35 of the Court Fees Act. Since it was an ex-parte order, the petitioner/defendant no. 1 after causing his appearance filed an application u/s 151 of the Code of Civil Procedure indicating that the plaintiff is possessing many properties and suppressing the details of all those properties she has claimed remission on the frivolous grounds, therefore, the order of remission be withdrawn and she may be directed to deposit the requisite court fees. It is on this application, the second order dated 23.6.2007 has been passed.

(3.) ON the other hand, learned counsel for respondent no. 1 /plaintiff argues that the matter of payment of court fees is a matter between the plaintiff and the State and the defendant has no say on it, therefore, the order passed by the trial Court should not be set aside.