SK MOHD OSAID Vs. SK ABDUL WAHID

JUDGEMENT

(1.) Whether the benefit of exemption from court-fee Co the financially weaker section of litigants) as a step in the legal aid admissible under Government notification No.S.O.1207 dt. 19th Aug. 1981 can be defeated by clubbing together of the individual incomes of the co-plaintiffs of a suit, is the significant question which has necessitated the reference of these two connected civil revisions to the Division Bench.

(2.) The facts are not in dispute and may be briefly noticed from SK. Mohammad Osaid and others v. Sk. Abdul Wahid and others (C.R.380/83). The three petitioners had preferred a title suit for a decree of possession. seeking the eviction of the defendants and for mesne profits pendente lite and other ancillary reliefs. Therein they filed a petition in the trial court seeking exemption for the payment of court-fee in the suit on the ground that the individual income of each of the co-plaintiffs did not exceed Rs. 4000/- only and they were, therefore, entitled to the benefit of the exemption under Notification No.S.O.1207 dt. the 19th Aug. 1981. They also filed certificates of their income granted by the Anchal Adhikari, Dhaka, in support of their claim. These certificates indicated that the incomes of petitioners Nos. 1, 2 and 3 were Rs. 2700/-, Rs.2600/- and Rs. 2500/- only respectively. This application was, however, rejected by the learned Subordinate Judge wherein he patently took the view that the incomes of all the three petitioners were to be clubbed together and since the total would come to more than Rs. 4000/-, they would not be entitled to the benefit of exemption. He accordingly directed the petitioners to file the court-fee by the 16th Feb. 1983.

(3.) Aggrieved thereby, the petitioners have come up by way of these civil revisions. They came up originally before my learned Brother. A.K. Sinha, J., sitting singly. Noticing that the point involved was one of great public importance, which needed an authoritative decision, the matter has been referred to the Division Bench.