CHUNNILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN all these review petitions, which are directed against the judgment of this court in a writ matter, objection has been raised by the office that these review petitions have been filed with a Court-fee stamp of Rs. 2/- each whereas according to the provisions of Article 5, Schedule I of the Rajas than Court-fees Act (hereinafter referred to as the Act) application for review should bear one-half of the fee payable on the writ petition.

(2.) THE contention of the petitioners is that the provisions of Article 11 (s) of schedule II of the Act would apply for determining the question of payment of court-fees in this matter.

(3.) NOTICE about this petition was given to the Government Advocate. Learned deputy Government Advocate urged that the the correct provision of the Court-fees Act would be Schedule I, Article 5 which provides that applications for review of judgment shall be presented in the Court on 1/2 of the fee payable on the plaint or memorandum of appeal comprising the relief sought in the application for review. He further contended that the word 'plaint' used in this article must, on the basis of analogy, be taken to mean the writ petition. In the alternative, he urged that if this article is found not to apply to the circumstances of the present case, then Article 11 (k) of Schedule II would govern this case which provides a fixed Court-fee of Rs. 10/- on the original petitions not otherwise provided for when filed in the High Court. According to learned Deputy Government Advocate, a petition for review under Order 47, Rule 1 Civil Procedure Code shall be taken to be an original petition and, therefore, the petitioner should present his review petition on a stamp fee of Rs. 10/ -.