Facts of the case are that the plaintiff filed a suit under Fatal Accident Act, 1855 (hereinafter referred to as ‘the Act of 1855’) claiming Rs. 21,00,000/- as compensation on account of amputation of his right hand and leg due to electrocution. The respondents-defendants (hereinafter referred to as ‘the defendants’) filed an application under Order 7 Rule 11 CPC praying that on account of payment of deficit court fee on the claim amount of Rs. 21,00,000/-, the suit filed by the plaintiff was liable to be dismissed. The Trial Court vide its order dated 8.8.2019 disposed of the defendants’ application under Order 7 Rule 11 CPC with the direction to the plaintiff to pay the requisite court fees as per valuation of the suit at Rs. 21,00,000/-. Instead of paying the requisite court fee, the plaintiff filed an application seeking exemption for payment of court fees. Reply to the said application was filed by the defendant. After hearing the arguments, the Trial Court vide its order dated 27.11.2019 dismissed the plaintiff’s application seeking exemption for payment of court fees. Hence, this writ petition.
