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In Re: Alamelu

Type Court Judgment Court Chennai Decided Feb 02, 1950
~1 min read
https://sooperkanoon.com/case/795873

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
Referred Case No. 3 of 1949
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

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Key legal issue
Civil
Acts & sections
Code of Civil Procedure (CPC) , 1908 - Order 33, Rule 11

Parties & Advocates

Appellant / Petitioner

In Re: Alamelu

Advocate Government Pleader and ; R. Sundaralingam, Adv.

Legal References

Acts
Code of Civil Procedure (CPC) , 1908 - Order 33, Rule 11
Reported In
AIR1950Mad561

Excerpt

- rajamannar, c.j.1. we are of opinion that if a plaintiff who has filed a suit in forma, pauperis abandons a part of his claim he should be called upon to pay the proportionate court-fee on the part abandoned. this follows from the language of order 33, rule 11, civil p. c., as amended in madras. if the suit is withdrawn in its entirety, then undoubtedly, the pauper plaintiff has to pay court-fee on the entire claim. abandonment of a part of the claim is tantamount to withdrawal of the suit in part. he will therefore be liable to pay court-fee on the part withdrawn or abandoned. we find that a similar view was taken by shahabuddin j., in c. r. p. 454 of 1946. the reference is answered accordingly.

Full Judgment

Rajamannar, C.J.

1. We are of opinion that if a plaintiff who has filed a suit in forma, pauperis abandons a part of his claim he should be called upon to pay the proportionate court-fee on the part abandoned. This follows from the language of Order 33, Rule 11, Civil P. C., as amended in Madras. If the suit is withdrawn in its entirety, then undoubtedly, the pauper plaintiff has to pay court-fee on the entire claim. Abandonment of a part of the claim is tantamount to withdrawal of the suit in part. He will therefore be liable to pay court-fee on the part withdrawn or abandoned. We find that a similar view was taken by Shahabuddin J., in C. R. P. 454 of 1946. The reference is answered accordingly.

Continue Your Research

Same Parties In Re: Alamelu vs Same Subject Civil Same Judge Rajamannar, C.J. and ; Somasundaram, J. Acts & Sections Code of Civil Procedure (CPC) , 1908 - Order 33, Rule 11
Civil

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