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Evenmore (Private)     07 May 2014

Kourt fee

Dear Experts,

 

My wife filed suit on my property u/s 26 Order VII Rule 1 of CPC. She did not pay the court fee of Rs. 50,000. She got the exemption. I don't know the reason for getting the exemption. The allegations in the Suit are false.

 

I heard she got the exemption from Lok Adalath for the court fee. I am yet to see the exemption petition to findout the grounds for exemption. I am waiting for the exemption petition.

 

She was working and getting more than Rs 10,000 per month at the time of filing of the suit. Later her salary has increased. 

 

I have read in internet that under Order 33 Rule 1 of CPC an applicant can claim court fee exemption as a pauper or indigent person. She is not a pauper and she was earning more than Rs. 10,000 at the time of filing of suit.

 

Can anyone suggest what could be the other possible grounds for getting exemptions ?

 

If she has lied to the Lok Adalath/Court that she does not have any source of funds to get court fee exemption, what should be my immediate course of action ?

 

Waiting for valuable suggestions of the experts in the forum.

 

Thanks in advance.



Learning

 10 Replies

Evenmore (Private)     08 May 2014

Can any one please advice ?

shamataneja (Advocate)     08 May 2014

Plaintiff has to pay the court fee under court fee act of that particular state and lok adalat has no power to grant her exemption for paying court fees. She has to obtain the order of that particular concerned court where she has filed the suit. Being a woman she is not exempted to pay the court fee.

under order 7 you can make an application for rejection of her plaint on the ground that she has not paid court fee and therefore her suit is required to be dismissed.

upon hearing you application , the court may grant her time to pay court fee or keep it for dismissl of the suit

1 Like

Evenmore (Private)     08 May 2014

Thanks Adv. Shamataneja for your valuable information.

 

She has got the exemption of Rs. 50,000.00 as an Indigent person. But she is earning more than Rs. 10,000.00 at the time of filing the case. She has suppressed material facts that she was employed. She has hidden from the court that she was working at the time of filing the plaint. She has also filed CRPC 125 saying she does not have any source of Income. 

 

Since she has lied and got the Court Fee exemption of Rs. 50,000.00 from the District Legal Services Authority that she is an indigent person, does it qualify for perjury. Case proceedings have not yet started. Can I file Perjury and Rejection of the Plaint based on her lie. Kindly advice.

 

Thanks in advance to the experts of this forum....

 

Evenmore (Private)     09 May 2014

Can anyone please advice.

T. Kalaiselvan, Advocate (Advocate)     09 May 2014

What suit has she filed?, How did you come to know that she has not paid the proper court fees. If she has not paid the court fees, the court would not have taken the case on file, so please clarify that what will be the court fee for her suit, without knowing the details a proper opinion cannot be rendered.

Evenmore (Private)     09 May 2014

Thanks Adv. Kalaiselvan.

 

She has filed Money Suit after filing Maintenance u/s CRPC 125, 498A and DVC.


The allegations in DVC, 498A and Money Suit u/s 26 Order 7 Rule 1 of CPC are same.

 

In the Suit petition,  there is an Order from District Court that she was exempted from paying Rs 50,000 court fee as an Indigent Person. She was also provided free legal aid as well by District Legal Services Authority.

 

Can a person getting salary of Rs. 10,000 and more claim free legal aid from District Legal Services Authority ?

 

She has approached the court with unclean hands and suppressed many facts. She has even lied to the court. The allegations in the complaint are completely false. Is there a way to get the Plaint - Money suit dismissed or rejected without going thru the trial ? 

 

Can I file Perjury for getting the Court Fee exemption by claiming to Indigent Person ?

 

Kindly advice.

Evenmore (Private)     12 May 2014

Getting an exemption from court on payment of court fee by filing false affidavit intentionally amount to Perjury ?

 

Filing a false affidavit amounts to fraud with the court. Fraud and Justice cannot dwell together.

 

What sections of perjury does apply.

 

Kindly advice.

T. Kalaiselvan, Advocate (Advocate)     12 May 2014

If she has been granted an exemption from paying court fe for money recovery suit as an indigent person, the order of the court has to be seen for giving an opinion about it. If you strongly believe that it is a false case, you contest and challenge her claim in the court accordingly and prove her to be false. You prove the court she is not indigent through the evidences in your possession and file a petition under Order VII Rule 11.  Filing of false affidavits has to be proved before the court upon which a perjury case may be taken up. Wait for the court's decision on the application filed under Order VII Rule 11 and then decide further course of action against her.

1 Like

Evenmore (Private)     12 May 2014

Thanks Adv. Kalaiselvan.

 

She has lied to the court on oath with respect to her income to claim exemption in court fee. Court has passed exemption order in her favor thinking that her statements were bonafide.

 

I have two questions at this point.

 

1. Lying on oath to claim exemption is nothing but fraud on court. I have evidence of her income which is much much more than she has mentioned in exemption petition. Does this qualify for perjury.

 

2. Order 7 Rule 11 is for rejection of Suit which has four rejection reasons. I did not see any reason for rejection of suit for playing fraud with court to get court fee exemption. Can I file for Rejection of Suit under Order 7 Rule 11 ?  Kindly advice...

 

Can anyone please advice.

 

 

T. Kalaiselvan, Advocate (Advocate)     13 May 2014

1) Lying on oath is certainly a fraud play upon on a court of law which is a serious offence, if the court finds she to have played fraud to avail of the benefits of law illegally, it may take suo motu action u/s 190 of Cr. P.C.

 

2) A petition Order VII Rule 11 is maintainable, just mention it and place your grounds and proper pleadings in the affidavit, let the court decide about it.

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