MANGU PANGI Vs. RAMA CHANDRA PADHI

JUDGEMENT

(1.) This application relating to exemption from payment of court-fee has been heard along with several other matters of similar nature. The question relates to exemption of court-fee, as per the notification issued by the State Government on 7.6.94, published in the Orissa Gazette, Extraordinary, No. 670 dated 10.6.1994. The relevant portion of the notification is extracted hereunder:

(2.) The learned counsel appearing for the claimants-appellants in the various appeals as well as the learned counsel appearing as amicus curiae almost in one voice have submitted that the notification being beneficial in nature should be extended to all types of cases and it must be taken that the Government intended to extend the benefit to all cases including the cases under the Motor Vehicles Act. It is also submitted that otherwise ah anomalous situation may be created. Some of the learned counsel have gone to the extent of saying that it is an inadvertent omission which should be remedied.

(3.) Law is well settled that even in cases of inadvertent omission where the meaning of the statute or the provision is otherwise clear, it is not open to the court to supply the omission as adoption of such a course would amount to judicial legislation and it should be left to the appropriate legislature to rectify the mistake by appropriate amendment.