Section 194 in The Rajasthan Law And Judicial Department Manual, 1952
194. Government dues first charge on the subject matter.
- The special attention of Collectors and Public Prosecutors is invited to the provisions of rule 10 of Order XXXIII of the first schedule to the Code of Civil Procedure, 1908 (V of 1908). That rule provides that if the plaintiff succeeds in the suit, the amount of court fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper shall be recoverable by the Government from any party ordered by the decree to pay the same and shall be a first charge on the subject-matter of the suit. When the plaintiff has been successful and an application is submitted for sanction to write off as irrecoverable any amount decreed as Court fees, it should invariably be shown that this amount cannot be recovered as a first charge on the subject-matter of the suit.
