Charla Satya Venkata Subbalakshmi vs Collector Of West Godavari District At ... on 1 February, 1963
In Sopalaswami Naick v. Province of Madras, AIR 1945 Mad 462, a suit was filed by four persons in 'forma pauperis' and it was agreed that the second plaintiff should receive 20 acres of the property in the suit, and a decree was passed to that effect. The deuee also provided that the first plaintiff should pay the costs of the suit and the court-fee payable to the Government. It was held that the meaning of Order 33, Rule 10 is not that the first charge for payment of court-fee in favour of the Government shall be only on the subject matter of the suit which the party ordered to pay costs has recovered. The provision, that there shall be a first charge on the subject-matter of the suit, was held to be a distinct provision, and it was laid down that the Court may direct the plaintiff to pay the amount, but, in any event, it shall be a first charge on the property recovered, and that since the second plaintiff who was also one of the paupers, received or was entitled to receive 20 acres of the land, the court-fee payable to the Government was by reason of Rule 10 a charge thereon.