MAMATA PAPERS PVT LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) - The petitioner is a Company registered under the Indian Companies Act. It has filed Title Suit No. 32 of 1997 in the court of the Civil Judge (Senior Division) for specific performance of contract. Without paying the court-fee payable on the plaint, it applied for exemption from payment of court-fee on the basis of the Government of Orissa Notification S.R.O. No. 575/94, dated 7th June, 1994 published in the Orissa Gazette, Extraordinary No. 670, dated 10th June, 1994. The said application having been rejected by the trial court, the present revision has been filed.

(2.) There is no dispute that the State Government has issued notification in exercise of power under Section 35 of the Court-Fees Act which is extracted below:- "In exercise of the powers conferred by Section 35 of the Court-Fees Act, 1870 (VII of 1870) the State Government do hereby remit in the whole of the State of Orissa all fees mentioned in Schedules I and II to the said Act payable for filing or instituting cases or proceedings in any court in Orissa by 4the following categories of persons, namely:- (i) member of Scheduled Castes, (ii) member of Scheduled Tribes, (iii) women, (iv) minors, (v) physically handicapped persons, (vi) persons whose annual income does not exceed twelve thousand rupees, and (vii) persons who are otherwise entitled to legal aid under the Orissa State Legal Aid and Advice Scheme, 1981 Explanation-For the purposes of this Notification

(3.) It had been contended before the trial court and reiterated here that the expression "person" should also include a juristic person such as Company, in view of the definition of the word 'person' contained in the Orissa General Clauses Act, 1937 (Orissa Act 1 of 1937). The learned counsel appearing for the State has contended, on the other hand, that the various clauses in the notification clearly indicate that the intention of the State Government was to protect natural persons belonging to weaker sections of the society and such provision should not be applied to juristic. persons such as Company or partnership.