SECRETARY OF STATE FOR INDIA Vs. SARVEPALLI VENKATALAKSHMANNA

JUDGEMENT

(1.) WE cannot subscribe to respondents contention that Government cannot under a decree recover the courts-fee decreed as payable to Government from a pauper plaintiff, whenever plaintiff's property is confined to a right to future maintenance. That contention is negatived by the Privy Council ruling in Rajindra Narain Singh V/s. Sundara Bibi (1925) ILR 47 All 385 : 49 MLJ 244 (FC), which also indicates the proper method of recovering such court-fee. That method is by the Court appointing a Receiver to collect the maintenance amount and pay to Government (by instalments if necessary in order that plaintiff may have something to live upon) the fee due by plaintiff. The appellant's execution petition as it stands does not ask for relief in that form, and it should be amended. WE grant leave to amend it accordingly. The amended petition is forwarded to the Lower Court for disposal in the light of the Privy Council decision quoted above. Each party will bear his own costs in this appeal.