Exemption of court fee for title suit
Querist :
Anonymous
(Querist) 28 November 2010
This query is : Resolved
Dear Experts,
My clients belongs to below powerty line.The revenue authorities dispocessed them force fully from their hard earned plots under the pretext of SEZ .On wrong advice of their previous senior counsel they approached high court through writ petition. Unfortunately the High Court dismissed the writ. The High Court observed that there is a dispute of title that the land alloted to sez scheme, the petitioners can approach civil court for the adjudication of their rights over the land. My clients have no sufficient financial power to pay court fee to file declaration of title suit against the government.My query is whether is there any provission in such circumstances, court fee may be exempted or consession can be granted to file suit for declaration of title and recovery of pocession against state government?
Devajyoti Barman
(Expert) 28 November 2010
Yes, waiver0exemption of court fees s possible for which the plaintiff will have to obtain the leave of the court under Order 33 of CPC to sue as an indigent person.
Advocate Bhartesh goyal
(Expert) 28 November 2010
The court has power under order 33 of c.p.c to exempt court fees for filing a suit by a indigent/pauper person but before passing the exemption of court fees order court makes an enquiry about his indigence.
Querist :
Anonymous
(Querist) 29 November 2010
Dear Experts,
My clients purchased the property in the year 1989 for Rs.10,000/- The state government dispossed them in 2003.They are ready to pay Court fee at the value of their purchased property for Rs.10,000/- But market value of the property reached 10 lacs , hence they are not in pocession to pay court fee at present market rate. Please advise me, can my clients pay Court fee for Rs.10,000/- as suit valuation or not.
Advocate. Arunagiri
(Expert) 29 November 2010
If they do not any source to pay the court fee, they can apply under order 33 of CPC. The court will call for a report from the Govt authorities regarding your paying capacity, the authorities will come and meet you for verification. Based on the report the court will decide.
