GOPIBAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INVOKING jurisdiction of this court under Article 227 of the Constitution of India, the petitioner has challenged the order passed in Court Fee Reference No. 1 of 2004, whereby, the learned Presiding Judge dismissed the application Exh. 14 and imposing cost of Rs. 3,000/- on the applicant. Say of the petitioner before the lower Court was that Court Fee Reference requires to be heard and decided by the Presiding Judge before whom the suit is pending and therefore, the Reference requires to be transferred to the Court where the suit is pending and at the time of deciding other issues.

(2.) IT is submitted by Mr. Soni, learned counsel appearing for the petitioner that initially. Court Fee Reference was pending before the learned Civil Judge [junior Division], but vide office order No. 4839 of 2004, dated 17th December, 2004 issued by the district Judge, the same was transferred to the court of Civil Judge [senior Division] gandhidham-Kachchh for disposal in accordance with law. Reference was, therefore, pending for hearing and disposal in the court of learned Civil Judge [senior Division]. The petitioner [original plaintiff] was directed to pay deficit court fee and that order was challenged by State of Gujarat before this Court. This Court [coram: Akil kureshi, J. ], vide order dated 12. 2. 2008 remanded the matter to the trial court, but before the trial court could hear and decide the quantum of court fees on remand of the matter, the suit came to be transferred to the court of learned Civil Judge [junior Division] on account of change in the pecuniary jurisdiction qua Civil Judge [junior Division].

(3.) ACCORDING to Mr. Soni, learned Civil judge [senior Division] ought not to have undertaken hearing and Reference could have been sent to the appropriate Court where the suit was pending for hearing and disposal. By pointing out the scheme of section 5 read with Section 14 of the Bombay court Fees Act, Mr. Soni submitted that the court Fee Reference can be decided by the judge where the suit is pending and the same should be done along with the suit.