R.V. DEV @ R. VASUDEVAN NAIR versus CHIEF SECRETARY, GOVT. OF KERALA AND ORS.

R.V. DEV @ R. VASUDEVAN NAIR versus CHIEF SECRETARY, GOVT. OF KERALA AND ORS.

Rule 11 of Order XXXIII, CPC is to be interpreted such that the four situations enumerated therein are distinct and the word 'or' is to be given its plain, disjunctive meaning. A court order for payment of court fee by a pauper plaintiff can be made when (i) the plaintiff fails in the suit; (ii) the plaintiff is dispaupered; (iii) the suit is withdrawn; or (iv) the suit is dismissed under circumstances in clauses (a) or (b). Clauses (a) and (b) refer specifically to the fourth condition and do not affect the other three. The pauper plaintiff cannot avoid liability to pay court fees merely on the ground that he remains indigent after dismissal of suit and appeal.

Parties
Appellant: R.V. Dev @ R. Vasudevan Nair; Respondents: Chief Secretary, Govt. of Kerala and Ors.
Jurisdiction
India
Judgment Date
15 May 2007
Procedural Posture
Civil Appeal / From Judgment and Order Dated 11.07.2003 of High Court of Kerala at Ernakulam in Cmp. 1323/2003 in A.s. No. 156/1994
Outcome
Appeal dismissed
Legal Topics
Order XXXIII Rule 11 CPC, Indigent Persons, Court Fees, Interpretation of 'or', Dismissal of Suits
Civil Procedure Order XXXIII Rule 11 CPC Indigent Persons Court Fees Interpretation of 'or' Dismissal of Suits

Case Brief

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Parties

R.V. Dev @ R. Vasudevan Nair

Appellant

Chief Secretary, Govt. of Kerala and Ors.

Respondents

Procedural Posture

Civil Appeal / From Judgment and Order Dated 11.07.2003 of High Court of Kerala at Ernakulam in Cmp. 1323/2003 in A.s. No. 156/1994

Legal Issues

  1. 1 Whether under Order XXXIII, Rule 11 of Code of Civil Procedure, 1908, an indigent plaintiff must pay court fees in situations other than those specified in clauses (a) and (b).
  2. 2 Whether the word 'or' in Rule 11 is to be construed disjunctively for the four situations outlined therein.

Ratio Decidendi

Rule 11 of Order XXXIII, CPC is to be interpreted such that the four situations enumerated therein are distinct and the word 'or' is to be given its plain, disjunctive meaning. A court order for payment of court fee by a pauper plaintiff can be made when (i) the plaintiff fails in the suit; (ii) the plaintiff is dispaupered; (iii) the suit is withdrawn; or (iv) the suit is dismissed under circumstances in clauses (a) or (b). Clauses (a) and (b) refer specifically to the fourth condition and do not affect the other three. The pauper plaintiff cannot avoid liability to pay court fees merely on the ground that he remains indigent after dismissal of suit and appeal.

Court Disposition

Appeal dismissed

Orders

  • There shall be no order as to costs.