Rajasthan High Court - Jodhpur
Smt. Sharda vs Shankar Lal Chauhan & Ors on 4 February, 2013
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
:ORDER :
Smt. Sharda Vs. Shankar Lal Chauhan & Others
(S.B. Civil Writ Petition No.4398/2010)
DATE OF ORDER : February 04, 2013
PRESENT
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
_________________________________________
Mr. A.S. Rathore for the petitioner.
BY THE COURT :
In this writ petition filed under Article 227 of the Constitution of India, the petitioner has prayed for quashing order dated 09.03.2010 (Annex.-2) passed by the District Judge, Udaipur whereby the prayer made by the petitioner for exemption of court-fee was rejected.
Learned counsel for the petitioner vehemently argued that the petitioner is very poor person, therefore, in the suit filed for recovery of amount against the respondents through legal-aid services the petitioner is entitled to get exemption from payment of court-fee. In support of his contention, learned counsel for the petitioner invited my attention towards judgment rendered by this Court in the case of Anar Devi Vs. Chandra Devi, reported in 2005 (2) RLR 315, and submits that petitioner is entitled for 2 exemption of court-fee.
After hearing learned counsel for the petitioner, I have perused the order impugned.
In the opinion of this Court, the petitioner is claiming his right under the Legal Services Authorities Act 1987; but, in the said Act, there is no express provision and only provision is to provide legal assistance, therefore, no error has been committed by the trial Court in passing the impugned order. The facts of Anar Devi's case (supra) are altogether different therefore not applicable in the present case.
In view of above, no ground is made out to interfere in the order impugned. Hence, this writ petition is hereby dismissed.
(Gopal Krishan Vyas) J.
Ojha, a.