JAGDAMBE NIWAD CO Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This appeal was admitted on 22-2-1986. On that date, the question of court-fees was left open. Indeed, from order dated 2-1-1986, it appears, exemption was claimed in respect of court-fees.

(2.) Accordingly, the left-over question has to be decided first. In the memorandum of appeal, at para 5, it is stated that the appellant Banwarilal, carrying on business under the name and style M / s. Jagdame Niwad Company, is an ex-serviceman, drawing monthly pension of Rs. 300 / - and his annual income from all sources did not exceed Rs. 6000 / -. It is also stated that he was a member of a weaker section of society. He accordingly claimed exemption from payment of courtfees, invoking Government Notification No. F. 9.83-B-XXI, dated 1-4-1983. An affidavit also he filed in that regard at the time of presentation of the appeal along with copy of the Notification. Subsequently, on 14-2-1986, he filed two certificates - one by Tahsildar himself certifying appellant being a member of a backward class (Soni) recognised as such by the State Government in the Schedule, published in 1982; the other by a Municipal Councillor which the Tahsildar endorsed; certifying appellant's monthly income as Rs. 400 /-.

(3.) A few words are to be said only on the construction of the Notification as appellant's entitlement is contested, though not by the Collector, who has not been noticed in this matter. As a question of law is to be decided only at this late stage, I find it unnecessary to notice Collector to contest appellant's claim that his annual income was not over Rs. 6,000 /-. That apart, having taken the view, after hearing parties on merit, that the appeal is liable to be dismissed, further protraction I found unnecessary and unwarranted. In any case, the appeal having been admitted, hearing on merit could not be denied.