1979 (2) TMI 199

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.... our Republic, expressed in Article 14 and stressed in Art. 39A of the Constitution, has sought leave to appeal against the order of the High Court which has rightly extended the 'pauper' provisions to auto- accident claims. The reasoning of the High Court in holding that Order XXXIII will apply to tribunals which have the trappings of the civil court finds our approval. We affirm the decision. Even so it is fair for the State to make clear the situation by framing appropriate rules to exempt from levy of court fee cases of claims of compensation where automobile accidents are the cause. Here is a case of a widow and daughter claiming compensation for the killing of the sole bread-winner by a State Transport bus; and the Haryana G....

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....er the temple of justice until one day the whole issue of the validity of profit- making through sale of civil justice, disguised as court- fee, is fully reviewed by this Court. Before parting with this point we must express our poignant feeling that no State, it seems, has, as yet, framed rules to give effect to the benignant provision of legal aid to the poor in Order XXXIII Rule 9A, Civil Procedure Code, although several years have passed since the enactment. Parliament is stultified and the People are frustrated. Even after a law has been enacted for the benefit of the Poor, the State does not bring into force by wilful default in fulfilling the conditio sine qua non. It is a public duty of each great branch of Government to obey the ru....