Pauper Suit How?

This query is : Resolved 

29 November 2009

1. In a suit for partition and separate possession can we sue as a pauper and indigent way so that no court fee will pay by the plaintiffs in the partition suit.


The partition suit will not file without the court fee on each share ?

2. Will I have to get permission first as a pauper suit for partition from the court of law
May I Attach/file an individual pauper application for exemption of court fee with the "partition suit petition".

adv. rajeev ( rajoo ) (Expert)
29 November 2009

maximum court fee is RS.200/-(in karnataka, court fee is not depends on the number of plaintiffs. After the judgement you have to pay stamp duty of each plaintiff and defendant to get the decree.
I dont know what is the fee structure in your state.
If plaintiffs are not in a possession to pay the court fee your client could have approached the legal aid dept.,who will pay the court fee, but the case will be referred to standing council.
In my opinion better to pay the court fee i think there also maxmimum court fee for the partition suit.

G V S Jagannadha Rao (Expert)
29 November 2009

The court fee Act is enaacted by States. But in many states, a fixed court fee of say Rs. 200/= is paid in the first instance and only after determination and decree of the plaintiff's share, the balance court fee is paid.

You can certainly file a suit as an indigent person under Order XXXIII Rule 1. The petition for leave to sue as an indigent person will be numbered first and (normally) the Governemnt Pleader enters appearance and files his counter on teh financial status of the Plaintiff (on the report of revenue officers). If the court grants leave, then the suit is numbered and further proceedings take place. Otherwise the Plaintiff will have to pay the court fees or carry the matter in revision.

The common practice is to file the suit as well as petition for leave to sue as pauper, where the Plaintiff will have to state the list of his properties (including wearing apparels and movables).

Once the leave is granted, and if the suit is dismissed, the appeal can also be filed as indigent person, under Order 44.

Y V Vishweshwar Rao (Expert)
29 November 2009

I Agree with Mr GVSJRao and Mr Vadrali

1 In partition Suits the Court fee is only Rs;- 200-00 in AP if in the plaint it is alleged and claimed that the properties are in Joint possesison of the plaintffs and Defendants

2 In case the proerties are not in Joint possesison of the Plaintff , the advolaram Court Fee is to be paid ) 3/4 th of the Market vlaue of the suit proeprtes ) to claim partition and recovery possession of the suit proeprties and actual division of proerties by mates and bounds !

3 The Non - Judicial Stamp to be paid on the Final Decree for Partition - Court Fee and Non Judicial Stamp Value defers form state to state !

bhupender sharma (Expert)
29 November 2009

first of all u have to file an application for declaration of the on which the proceedings will go on after leading the evidence if the court thinks that there are sufficient evidence to declare the person pauper then u may be granted leave of the court to file a suit.

niranjan (Expert)
29 November 2009

Mr.rao's answer is correct.however i may add that after final adjucation,if the pltff.fails in the case,court has power to order to pay the courtfee.

joyce (Expert)
29 November 2009

I adopt the experts answer of Rajeev. Refering to standing counsel is easier with free legal aid service. othervise if u go for application filing under order 33 cpc indignet person, then it has long procedure. filing application, getting notice, argument, then order etc..

raj kumar makkad (Expert)
29 November 2009

I go with the opinion of Rao.

Y V Vishweshwar Rao (Expert)
30 November 2009

Dear K K AgarwalJi

In Reply to Your Personal message to me I inform that -AP Acourt Fee and Suit Vlauation Act 1956 Section 34 (1) & (2) is the basis for my above view/opinion and laibility of Court Fee in AP .

Each state has separate Court Fee Act , but the Principle i.e;- Plainitff is in Joint Possesion and Pliaintiff not in Possession is to be considered, to pay the Court Fee .

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