HIRANAND Vs. PAVANDAS

JUDGEMENT

(1.) THE applicant has challenged the order dated 6.7.1991 passed by the District Judge, Mandsaur, holding that the plaintiff -non -applicant is exempted under the Notification of the State Government, exempting certain categories of persons from payment of Court fees.

(2.) ACCORDING to Shri Anand Agrawal, the learned counsel for the applicant, the non -applicant does not fall in the category of exempted persons under the Notification. The non -applicant is a blind person and only because of the blindness it cannot be presumed that he belongs to a weaker section of the society. Shri P.K. Saxena, the learned counsel for the non -applicant on the other hand submits that there is no jurisdictional error committed by the trial Court in passing the order and it is primarily a matter between the State and the plaintiff. According to Shri Saxena the defendant had no say in the matter and moreover the order does not prejudice or affect the defendant.