Single judge bench dismissed the petition, holding that the subject matter of a suit cannot be considered to ascertain sufficient means to pay court fee under Order 33 Rule 1-A CPC, supporting the first appellate court's view.
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CR No. 5119 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No. 5119 of 2011 (O&M) Date of decision: February 5, 2013
Smt. Sushila and others
...Petitioners
Versus
Jai Parkash
...Respondent
CORAM:- HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. Raj Mohan Singh, Advocate, for the petitioners.
Mr. Pawan Gaur, Advocate, for the respondent.
A.N. JINDAL, J. (Oral)
The plaintiff/respondent filed a suit for declaration and permanent injunction. Alongwith the suit he filed an application under Order 33 Rule 1-A of the Code of Civil Procedure for entertaining his suit by treating him as an indigent person, which was dismissed by the trial court on 11.4.2011. However, plaintiff's appeal against the said order was allowed on 9.8.2011.
Heard.
The trial court had sought report from the Collector, Palwal, who had reported that the plaintiff/respondent has no movable and immovable property to his credit except one ancestral residential house. Therefore, it is apparent that except the disputed property, which is subject matter of the suit, the plaintiff/respondent has no sufficient means to pay the court fee.
From the bare perusal of the explanation 1A appended to Order
CR No. 5119 of 2011
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33 of the Code, it is clear that the subject matter of the suit is not to be taken into consideration in order to find out whether a person is possessed with sufficient means to pay court fee or not. The first appellate court has taken right view of the matter and calls for no interference.
No merits. Dismissed.
February 5, 2013 prem
(A.N. JINDAL) JUDGE
1 issue framed by the court
Whether the subject matter of a suit can be considered to determine if a party has sufficient means to pay court fee under Order 33 Rule 1-A of the CPC.
1 provisions across 1 enactments
Sushila and others
Jai Parkash
A.N. JINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
