[1] We cannot subscribe to respondents contention that Government cannot under a decree recover the courts-fee decreed as payable to Government from a pauper plaintiff, whenever plaintiff s property is confined to a right to future maintenance. That contention is negatived by the Privy Council ruling in Rajindra Narain Singh v. Sundara Bibi (1925) ILR 47 All 385 : 49 MLJ 244 [LQ/PC/1925/9] (FC), which also indicates the proper method of recovering such court-fee. That method is by the Court appointing a Receiver to collect the maintenance amount and pay to Government (by instalments if necessary in order that plaintiff may have something to live upon) the fee due by plaintiff. The appellant s execution petition as it stands does not ask for relief in that form, and it should be amended. We grant leave to amend it accordingly. The amended petition is forwarded to the Lower Court for disposal in the light of the Privy Council decision quoted above. Each party will bear his own costs in this appeal.
The Secretary Of State For India In Council v. Sarvepalli Venkatalakshmanna
The Secretary Of State For India In Council v. Sarvepalli Venkatalakshmanna
(High Court Of Judicature At Madras)
Appeal Against Order No. 186 Of 1924 | 04-01-1926
Advocate List
Bench
- HON'BLE MR. JUSTICE WALLACE
- HON'BLE MR. JUSTICE MADHAVAN NAIR
Eq Citations
- (1926) 50 MLJ 279
- (1926) ILR 49 MAD 567
- 1926 MWN 362
- 94 IND. CAS. 254
- AIR 1926 MAD 565
- LQ/MadHC/1926/1
Head Note
A. Civil Procedure Code, 1908 — Or. 20 R. 10 — Court-fee — Recovery of — Proper method of — Receiver to be appointed to collect maintenance amount and pay to Government by instalments if necessary in order that plaintiff may have something to live upon the fee due by plaintiff
