PYLA BANGARRAJU Vs. PYLA VENKATA RAMAKRISHNA

JUDGEMENT

(1.) Petitioner seeks to quash the certificate for court fee exemption dated 30.1.2008 issued by the Chairman, Mandal Legal Services Committee, Kakinada, in favour of the 1st respondent - Pyla Venkata Ramakrishna.

(2.) It is the case of the petitioner that the 1st respondent is his own brother and he has filed Pauper O.P. No. 42 of 2007 on the file of the Principal Senior Civil Judge, Kakinada, to permit him to sue as an indigent person, to declare gift deed dated 28.1.2001 as void and not valid and to grant permanent injunction. It is stated that the Court of the Principal Senior Civil Judge, Kakinada, has not followed the procedure laid down under Order XXXIII of the Code of Civil Procedure in conducting the enquiry and granting the court fee exemption by the 2nd respondent in favour of the 1st respondent is beyond the pecuniary jurisdiction of the Mandal Legal Services Committee and the Mandal Legal Services Committee is empowered to sanction Rs. 250/- in each case and in exceptional cases an additional amount not exceeding 50% of the said amount is also payable as aid. But, whereas in the instant case the court fee payable is Rs. 8,426/- + Rs. 786/- declaring the 1st respondent as indigent person exempting court fee was without any notice to the petitioner and therefore the grant of court fee exemption is illegal. It is further stated that the petitioner has filed I.A. No. 299 of 2008 in the said O.P. in declaring that the 1st respondent as pauper exempting court fee as illegal and the matter requires to be reopened for conducting enquiry. But the said I.A. was dismissed by order, dated 3.2.2010, by the learned Principal Senior Civil Judge, Kakinada and after dismissing the said I.A. the court below is proceeding with the trial of the case. Therefore, it is submitted that there is no other remedy except to question the certificate for court fee exemption dated 30.1.2008.

(3.) Heard both the learned Counsel.