In Re: Alamelu

Type Court Judgment Court Chennai Decided Feb 02, 1950

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https://sooperkanoon.com/case/795873

Citation: sooperkanoon.com/795873
Court: Chennai High Court
Judge: Rajamannar, C.J. and ; Somasundaram, J.
Decided On: Feb 02, 1950
Case Number: Referred Case No. 3 of 1949
Subject: Civil

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

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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 if the suit is withdrawn in its entirety, then undoubtedly, the pauper plaintiff has to pay court-fee on the entire claim.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 he will therefore be liable to pay court-fee on the part withdrawn or abandoned.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 If the suit is withdrawn in its entirety, then undoubtedly, the pauper plaintiff has to pay court-fee on the entire claim.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 He will therefore be liable to pay court-fee on the part withdrawn or abandoned.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.