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This is what the Hon'ble High Court of Orissa observed in the aforesaid judgment regarding the importance of office check of the plaint before admission and competency of Sharistadars:
para 11 xxx xxx xxx Therefore, in this State, the system is prevalent that the plaint be checked by the chief ministerial officer, i.e..., Sheristadar prior to placing the same before the Bench for admission. In that respect not only Sheristadar should be honest and sincere to his job but also he should be capable of performing that job efficiently and effectively. Therefore. District Judges have been given the discretion to select suitable staff from the eligible category to be posted as Sheristadars. Apart from that, whether or not the Sheristadar performs his duty properly, it is the duty and responsibility of the presiding officer to go into that aspect at the stage of consideration of admission of the suit. In that respect, undoubtedly a judicial officer cannot plead ignorance of law to take an excuse for not properly verifying the aspect of valuation. Therefore, on receipt of a copy of this order, the Civil Judge (Jr. Division), Bhubaneswar shall do well to verify that aspect and to pass appropriate order. Learned District Judge shall see to it that there should be a periodical inspection by him of the Civil Courts of the original jurisdiction when the valuation aspect should be particularly gone into. Apart from that, there being requisite instructions from this Court relating to imparting training to the ministerial officers by the Registrars of the Civil Courts, learned District Judge shall ensure and report compliance that such training programmes being undertaken, not for the name sake, but effectively and properly to the satisfaction of the District Judge. In outlying stations such training programme be taken up periodically by the Senior most Judicial Officers where there are more than one Officer, Sheristadars and Senior grade clerks be also directed to participate in such training programmes. The Registry of this Court may also ensure from all the districts relating to compliance of such training programmes and the matter may be placed before the Court for an administrative decision to take suitable action against the erring District Judges in that respect because to control the subordinate Courts within the Judgeship is not only the duty but also the responsibility of the District Judges and in the event of failure the High Court should take suitable action including considering the question of efficiency of such judicial officers to function as District Judges
table for section 7.docxSupreme Court: In case relating to court fees, the bench of Dinesh Maheshwari and Vikram Nath, JJ in State of Punjab v. Dev Brat Sharma...had the occasion to explains why the legislature had left it open for the plaintiff to value his claim for the six categories of the suit falling under Section 7(iv) of the Court Fees Act, 1870. Section 7 provides for computation of fees payable in certain suits. Sub-clause (i) refers to Money Suits which includes suits for damages, compensation, arrears of maintenance, annuities or other sums payable periodically where the fee payable would be according to the amount claimed. Then, there are other sub-clauses which are not relevant for the case in hand. However, sub-clause (iv) which has further six categories, namely, suits (a) for movable property of no market value; (b) to enforce a right to share in joint family property; (c) for a declaratory decree and consequential relief; (d) for an injunction; (e) for easements; and (f) for accounts. The fees on a suit falling in these categories would be payable according to the amount at which the relief sought is valued in the plaint or memorandum of appeal. It also states that in all such suits the plaintiff would state the amount at which he values the relief sought....
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