Legal aid
kaur
(Querist) 12 August 2016
This query is : Resolved
When I was in employed I have 10 years old car low model own house in co-sharer in property. After my removal of service I am presently unemployed and have no income source.That free legal services is applicable to me besides in recovery suit I am unable to pay additional court fee if approximate Rs.5000/-. My query is that in such circumstances do I quality for the court fee from Legal services.
Kumar Doab
(Expert) 12 August 2016
Approach the jurisdictional district legal service authority and Taluk Legal Services Committee seeking legal aid for sanction of court fee.
Go thru:the Legal Services Authorities Act Section 12(h)
Justice should not denied to litigating parties due to financial difficulties.
You may carefully go thru:
Supreme Court of India
Manoharan vs Sivarajan & Ors
https://indiankanoon.org/doc/93726402/
Trial courts should not reject suit for non-payment of court fee alone.
In other threads you have mentioned that you have/had your own counsel.
Seek help of your own counsel in case of difficulties.
adv.bharat @ PUNE
(Expert) 12 August 2016
You may approach a very able counsel specializing in service matters.
Rajendra K Goyal
(Expert) 13 August 2016
Approach the district legal service authority and discuss.
kaur
(Querist) 09 September 2016
My case was dismissed in default as advocate deputed by free legal aid did not attend the case. Anyhow within one month I gave application for restoration of case which is kept for consideration on next date. My query is that case was filed 6 months back and court accepted my case but notice was not issued to opposite party and directed me to deposit the balance court fee which I could not deposit due to financial problem as I have no income source. Now in case I arrange to borrow the money and deposit the balance court fee can court dismiss my case without trialing the same. Please advice.
Kumar Doab
(Expert) 09 September 2016
Did you ask the presiding officer!
The Presiding Officer could have replied to you.
The citation mentioned above was to help you.
