SURINDER SINGH Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) A suit instituted in a normal civil court, after constitution of Gram Nyayalaya under the Gram Nyayalayas Act, 2008 (for short 'the Act'), was transmitted to the Gram Nyayalaya under Section 16 of the Act. The suit was decreed. In appeal to the District Court, the defendants sought to take advantage of the court fee provision that contains a concession for payment of court fee in every appeal against the decisions of the Gram Nyayalayas. The District Judge ordered that the court fee paid by the plaintiff before the transfer of the case to the Gram Nyayalaya shall be paid by him. The petition is against that order. The defendants were relying on Section 24 (1) of the Act that read as follows:-

(2.) This section enacts that the court fee shall not exceed 100 rupees, if the decision which is appealed against is against the decision of the Gram Nyayalaya. The court fee that become payable at the time of appeal shall only be the court fee as shall becomes payable before the Gram Nyayalaya if the suit were to be filed at the same time, no matter the institution was earlier in point of time when the plaintiff had paid a higher court fee under the schedule of the court fee payable under the Court Fee Act. The direction given by the District Judge was erroneous and he is directed to receive a court fee of Rs. 100/-, register the appeal and dispose of the same in accordance with law.

(3.) The impugned order is set aside and the revision petition is allowed.