KATRINA TOPPO Vs. MATILDA URAIN

JUDGEMENT

(1.) WE have heard Mr. Devi Prasad learned Counsel for the appellant and the learned State Counsel in respect of granting exemption to the petitioner from filing of the court-fee in this case.

(2.) THE petitioner has filed an application seeking exemption from payment of court-fee on the basis of the notification No. S. O. 1207 dated 19th August, 1981 on the ground that she being of Scheduled Caste was entitled to get legal aid. At this very stage we may notice that the notification referred to by the appellant stands superseded by subsequent notification dated 31st October, 1983 which is also to the same effect. But since by that time the Bihar State Weaker Section Legal Aid Act, 1983 had come into force, (hereinafter referred to as the Legal Aid Act only), the notification provided that only such persons will be entitled to remission of court-fee who are receiving legal aid in accordance with Section 17 of the Legal Aid Act.

(3.) IT is of importance to notice here that a person does not ipso facto become entitled for legal aid only because he belongs to a particular caste tribe of the specified weaker section of the society. IT is because under Section 18 of the Legal Aid Act, his claim to legal aid is required to be ascertained to be ascertained by the Legal Aid Committee under the Act, inter alia, keeping in view the genuiness and merit of the litigation.