Case Note & Summary
The petitioners, original plaintiffs, filed a suit for declaration and injunction against the respondents, original defendants, seeking to declare an agreement for sale dated 9th October 2007 and a sale deed dated 11th December 2007 as illegal and not binding on them. The plaintiffs claimed exemption from payment of court fees under Section 46 of the Bombay Court Fees Act, 1959, asserting that they belong to Scheduled Tribe. They produced caste certificates issued by the Competent Authority in support of their claim. The defendants filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, for rejection of the plaint on the ground of non-payment of court fees. The trial court, by its judgment and order dated 25th November 2009, directed the plaintiffs to pay the requisite court fees within one month, failing which the plaint would be rejected. The plaintiffs challenged this order by way of a writ petition. The High Court observed that the trial court had not considered the caste certificates produced by the plaintiffs and had not given any reasons for rejecting the claim of exemption. The court held that a caste certificate issued by the Competent Authority is prima facie evidence of the caste of the holder and the trial court ought to have considered the same. The High Court set aside the impugned order and remanded the matter to the trial court for fresh consideration, directing the trial court to consider the caste certificates and, if necessary, make a reference to the Caste Scrutiny Committee for verification. The writ petition was allowed.
Headnote
A) Civil Procedure - Rejection of Plaint - Order VII Rule 11 CPC - Court Fees Exemption - The trial court rejected the plaint for non-payment of court fees despite the plaintiffs producing caste certificates issued by the Competent Authority claiming exemption under Section 46 of the Bombay Court Fees Act, 1959. The High Court held that the caste certificate issued by the Competent Authority is prima facie evidence of the caste of the holder and the trial court ought to have considered the same before rejecting the plaint. The impugned order was set aside and the matter remanded for fresh consideration. (Paras 1-10) B) Scheduled Tribes - Caste Certificate - Exemption from Court Fees - Section 46 Bombay Court Fees Act, 1959 - The plaintiffs claimed exemption from payment of court fees on the ground that they belong to Scheduled Tribe. The High Court directed the trial court to consider the caste certificates produced by the plaintiffs and if necessary, make a reference to the Caste Scrutiny Committee for verification. The court emphasized that the certificate issued by the Competent Authority is sufficient for claiming exemption unless rebutted. (Paras 8-10)
Issue of Consideration
Whether the trial court was justified in rejecting the plaint for non-payment of court fees without considering the caste certificates produced by the plaintiffs claiming exemption under Section 46 of the Bombay Court Fees Act, 1959.
Final Decision
The High Court allowed the writ petition, set aside the impugned judgment and order dated 25th November 2009, and remanded the matter to the trial court for fresh consideration. The trial court was directed to consider the caste certificates produced by the plaintiffs and, if necessary, make a reference to the Caste Scrutiny Committee for verification.
Law Points
- Section 46 of Bombay Court Fees Act
- 1959
- Order VII Rule 11 CPC
- Caste certificate as prima facie evidence
- Reference to Scrutiny Committee
