STATE BANK OF INDIA Vs. IQBAL ZACHARIA

JUDGEMENT

(1.) The question that arises in this revision petition is whether plaintiff is liable to pay the full court fee in a case of admission of the claim by the defendant. The suit was filed since the introduction of S.4A in the Court Fees Act by which a plaintiff was permitted to present a plaint by paying one-tenth of the amount of court fee chargeable under the Act on the plaint claim. The defendant on appearance in pursuance to the summons filed written statement admitting the claim. Plaintiff was directed to pay the balance court fee. This order is under challenge in this revision.

(2.) S.4A was introduced by the Amendment Act 6 of 1991. That Section reads:

(3.) Framing of issues arises only if a defendant appears and files his written statement in which case the suit can be compromised. Even before that the matter can be settled between the parties with or without entering into a compromise and presentation of such a compromise is not contemplated in the second proviso whereas reporting of settlement by itself will be sufficient. In other words, the parties only need report to the court about the settlement of the dispute either within fifteen days from the date of framing of the issues or within such period not exceeding fifteen days as may be specified by the court or where framing of issues is not necessary or within the extended period granted by the court. If there has been some settlement between the parties the suit could be withdrawn by the plaintiff as settled between the parties. In that case, the balance court fee representing nine-tenth of the court fee calculated on the plaint claim need not be paid by the defendant.