Allowed

Trilok Chand Sharma v. Suresh Kumar & Anr.

Delhi HC14 Aug 2024CMI/12/2023

Case brief

AI extract

What is this about?

The High Court of Delhi, at New Delhi, allowed an application by Trilok Chand Sharma under Order XLIV Rule 1 CPC for permission to file a regular first appeal as an indigent person. The court was satisfied based on depositions and reports regarding the applicant's insignificant financial means after dismissing the suit.

What did the court decide?

Permission to file the present appeal as an indigent person is granted subject to all just exceptions.

Trilok Chand Sharma Vs Suresh Kumar & Anr. — Service and Employment | Delhi HC (2024)

¶1

$~11

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CMI 12/2023 & CM APPL. 15174-15177/2023

¶4

TRILOK CHAND SHARMA .....Petitioner Through: Mr. Ashim Shridhar, Advocate (through VC).

¶5

versus

¶6

SURESH KUMAR & ANR. .....Respondents Through: Mr. Ashok Kaushik, Advocate (through VC).

¶7

CORAM: HON'BLE MR. JUSTICE MANOJ JAIN

¶8

O R D E R % 14.08.2024

¶9

CM APPL. 15173/2023 (Exemption)

¶10

Exemption allowed, subject to all just exceptions.

¶11

CMI 12/2023

¶12

The appellant is aggrieved by the dismissal of his suit and while filing a regular first appeal, it has also been prayed that he may be permitted to file the present appeal as an indigent person and, accordingly, an application has been moved under Order XLIV Rule 1 CPC seeking leave thereto.

¶13

I have seen the observations appearing in order dated 1^st November, 2023 passed by the learned Registrar. The statement of the applicant was also recorded by the learned Registrar on 27^th September, 2023 and a specific report was also sought from the concerned SDM which indicated that the applicant was getting Rs. 2,500/- per month as ex-gracia pension and that he had no other source of income or had no other movable or immovable property in his name.

¶14

CMI 12/2023 1

¶15

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/08/2024 at 14:19:27

¶16

The court has also seen the report received under the signatures of Tehsildar, Rajouri Garden.

¶17

Applicant has categorically deposed that he does not have any movable or immovable property in his name except the suit property, which is stated to be under unauthorized occupation of the respondent. The balance in his saving bank account is also very insignificant.

¶18

Learned counsel for respondent has also joined the proceedings through Video Conferencing and states that he does not have any objection in this regard and does not challenge the alleged financial position of the appellant/applicant.

¶19

Viewed thus, the permission to sue as an indigent person is granted.

¶20

The application stands disposed of in aforesaid terms.

¶21

RFA No /2024 (to be registered) & CM APPL. 15174-15177/2023

¶22

Learned counsel for respondent seeks to submit his vakalatnama, he is at liberty to do the same.

¶23

Be placed before the learned Roster Bench on 4^th September, 2024.

¶24

MANOJ JAIN, J

¶25

AUGUST 14, 2024/ss

¶26

CMI 12/2023 2

¶27

Trilok Chand Sharma v. Suresh Kumar & Anr.

Case brief

What is this about?

What did the court decide?

Trilok Chand Sharma v. Suresh Kumar & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hari Chand & Ors. Vs Vijay Rani

Bdr Builders and Developers Private Limited Vs Sh Shrichand Bijlani

Anil Gupta Since Deceased through His Lrs Vs Mrs.Saroj and Others

Trilok Chand Sharma Vs Kundan Lal Deceased Thr Lrs

Kasturi Rajan & Ors. Vs Vatsala Vescio & Ors.

Shashank Gupta Vs Dimple Gogna