STATE OF HARYANA versus DARSHANA DEVI & ORS.

STATE OF HARYANA versus DARSHANA DEVI & ORS.

Order XXXIII of the Civil Procedure Code applies to Accident Claims Tribunals with the trappings of a civil court, entitling indigent claimants to exemption from court fees in accident compensation cases. Access to justice for the poor is integral to social justice and Constitution mandates such protection; therefore, such exemption is affirmed.

Parties
Petitioner: State of Haryana; Respondents: Darshana Devi and others
Jurisdiction
India
Judgment Date
12 February 1979
Procedural Posture
Special Leave Petition (civil) / Petition for Leave to Appeal From High Court Order
Outcome
Petition dismissed
Legal Topics
Exemption From Court Fees, Accident Claims, Access to Justice, Order XXXIII CPC, Social Justice
Civil Procedure Tort Law Constitutional Law Exemption From Court Fees Accident Claims Access to Justice Order XXXIII CPC Social Justice

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Parties

State of Haryana

Petitioner

Darshana Devi and others

Respondents

Procedural Posture

Special Leave Petition (civil) / Petition for Leave to Appeal From High Court Order

Legal Issues

  1. 1 Whether the exemptive provisions of Order XXXIII, Civil Procedure Code, apply to Accident Claims Tribunals
  2. 2 Whether indigent litigants claiming compensation for automobile accidents may be exempted from court fees

Ratio Decidendi

Order XXXIII of the Civil Procedure Code applies to Accident Claims Tribunals with the trappings of a civil court, entitling indigent claimants to exemption from court fees in accident compensation cases. Access to justice for the poor is integral to social justice and Constitution mandates such protection; therefore, such exemption is affirmed.

Court Disposition

Petition dismissed

Orders

  • Leave to appeal refused.
  • Affirmation of High Court's decision extending Order XXXIII, CPC, provisions to auto accident claims.