A. G. QURESHI, J. ( 1 ) THIS revision petition is directed against the order dated 14-7-90 passed by the First Addl. Judge to the court of Dirstrict Judge, ratlam in Civil Misc. Case No. 34 of 1989 (New No. C. S. 40-B of 1990 ). ( 2 ) THE facts leading this petition, in short, are that the non-applicants have filed a suit for recovery of Rs. 20,400/- from the present applicant, but did not pay the requisite court fee on the suit. Instead they claimed examption from payment of court fee on the basis of the notification No. 9-1-83 b-21 dated 1-4-83 wherein certain categories of persons with a particular income have been exempted from the payment of court fee. When the notice of this case went to the present applicants, instead of filing the written statement they raised a preliminary objection that the plaintiffs are not entitled to get the exemption as claimed by them with a further payer that the court should first enquire into the matter and decide the issue of court fee. However, the court did not accede to the request of the defendant by saying that the issue of court fee shall be decided as a preliminary issue after the filing of the written statement. Hence this revision petition. ( 3 ) AFTER hearing the learned counsel for the parties I am of the view that this revision petition should be allowed for the simple reason that the court his just not looked into the relevant provisions of law in respect of payment of court fee. It is true that the State Government has issued a notification exempting certain category of persons with a particular income from payment of court fee. But it does not mean that a person who claims the exemption, automatically becomes entitled prima facie to such an exemption and the enquiry into the right of the person for exemption has to be made only after the filing of the written statement by the defendant. But it does not mean that a person who claims the exemption, automatically becomes entitled prima facie to such an exemption and the enquiry into the right of the person for exemption has to be made only after the filing of the written statement by the defendant. Actually no suit can proceed further unless the court fee is paid either with the plaint or within the time allowed for that purpose by the Court or when the court comes to a conclusion that a persons is entitled to sue as an indigent person in accordance with the provisions contained in Order 33 C. P. C. ( 4 ) NOW when a person seeks an exemption under a notification by the state Government he is not absolved from the responsibility co prove before the lower Court that he is entitled to such an exemption. The notification although provides for the exemption, but no procedure has been prescribed in the said notification for ascertaining the entitlement of the person claiming exemption from the court fee on the basis of the said notification. Terefore, when no procedure is prescribed in a civil matter the procedure prescribed in the Code of Civil Procedure has to be followed by the court. Otherwise, the order may be passed without following any procedure only at the discretion of a Judge without any guideline. Therefore, I am of the opinion that in all cases for exemption from the court fee the procedure laid down in order 33, C P. C. has to be followed and the court has to ascertain after following the procedure prescribed in the C. P. C. whether a person is entitled to exemption from court fee or not. ( 5 ) IN the instant case it is manifest that the learned lower court has not cared to look into the matter from this angle. Therefore, the order impugned being clearly against the law deserves to be quashed, consequently the revision petition is allowed. The order impugned is quashed. The lower court is directed to first hold an enquiry in respect of the entitlement of the plaintiffs from exemption of the court fee in accordance with the procedure prescribed under Order 33, CPC and thereafter to proceed further with the case in the light of outcome of the enquiry about the entitlement of the plaintiff for exemption from court fee. In the circumstances of the case there shall be no order as to costs. Revision petition allowed. .