SAUDAMINI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The availability of the benefit of exemption from payment of Court-fee under the Notification dated 7th June,1994, in a proceeding for issuance of Succession Certificate is the main question for determination in this Civil Revision filed by the applicants whose application has been turned down by the Court below.

(2.) Petitioners 2 to 6 who are minor children and their mother (petitioner no. 1) have filed Succession Misc. Case No. 45 of 1996 in the Court of the Civil Judge (Senior Division), Rourkela. In the said proceeding, they filed an application for exemption from payment of Court-fee on the basis of the Notification issued by the State Government in exercise of powers conferred by Section 35 of the Court-Fees Act, 1870. The court below refused the prayer on the ground that the sum payable under Section 379 of the Indian Succession Act is not "Court-fee payable under the Court-Fees Act" and as such the Notification is not applicable.

(3.) Section 35 of the Court-Fees Act empowers the Government to reduce or remit all or any of the fees mentioned in the First and Second Schedules of the Court-Fees Act by issuing Notification in the Official Gazette. There is no dispute that such a Notification bearing S.R.O. No. 575/94, dated 7th June, 1994, has been issued. Such exemption is available to various categories of persons including women and minors, as indicated in the Notification. There is no doubt that petitioners 2 to 6 being minors and petitioner no. 1 being a woman are squarely covered under the Notification.