Supreme Court of India

R.V. Dev v Chief Secretary, Government of Kerala

AIR 2007 SC 2698; (2007) 5 SCC 69820071 min read
The case in brief30-second read
Facts
The appellant, who lost an eye in an acid attack, sued the State of Kerala for damages as an indigent person. The suit was dismissed as time-barred and on merits, and his appeal (also as an indigent person) was dismissed. The question was who should pay the court fee under O.XXXIII R.10 and R.11 as amended in Kerala.
Issue
Whether the court could direct the State, as defendant, to pay the court fee when the indigent plaintiff failed.
Held
R.10 (plaintiff succeeds) and R.11 (plaintiff fails) cover distinct situations. Where R.11 applies, the court must order the plaintiff or co-plaintiff to pay and cannot direct the defendant to pay. The appeal was dismissed without costs.
Principle
Where an indigent plaintiff fails, O.XXXIII R.11 requires the court to order the plaintiff or co-plaintiff to pay the court fee; the defendant cannot be directed to pay
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Facts

  • The appellant, who lost an eye in an acid attack, sued the State of Kerala for damages as an indigent person. The suit was dismissed as time-barred and on merits, and his appeal (also as an indigent person) was dismissed. The question was who should pay the court fee under O.XXXIII R.10 and R.11 as amended in Kerala.

Issue

  1. Whether the court could direct the State, as defendant, to pay the court fee when the indigent plaintiff failed.

Held

  • R.10 (plaintiff succeeds) and R.11 (plaintiff fails) cover distinct situations. Where R.11 applies, the court must order the plaintiff or co-plaintiff to pay and cannot direct the defendant to pay. The appeal was dismissed without costs.

Ratio decidendi

On failure of an indigent suit, liability for court fee falls on the plaintiff under R.11.

Exam use

How to use it in an answer

Cite on the consequences of an indigent suit failing.

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Citation

R.V. Dev v Chief Secretary, Government of Kerala AIR 2007 SC 2698; (2007) 5 SCC 698

Reported: https://indiankanoon.org/doc/1342398/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.