A single judge revision petition challenging the dismissal of an application under Order 33 Rule 1 and Section 151 CPC seeking to file an appeal as an indigent person. The Court found no irregularity in the impugned order.
Revision petition dismissed; dismissal of the application under Order 33 Rule 1 CPC is affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR-313-2023 (O&M)
118
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-313-2023 (O&M) Date of Decision: 18.01.2023
Dharamal (Dharampal) .…Petitioner
Versus
Amar Singh ….Respondent
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present: Mr. Varun Gupta, Advocate for the petitioner.
ARUN MONGA, J. (ORAL)
Petition herein, inter alia , is for setting aside appellate order dated 02.12.2022 (Annexure P-7) passed by learned District Judge, Narnaul, whereby in the first appeal filed by defendant, an application filed by appellant/defendant under Order 33 Rule 1 CPC, seeking permission to file appeal as an indigent person was dismissed.
2.1. Respondent filed a civil suit (Annexure P-1) against petitioner herein for recovery of Rs.7,70,000/- along with interest from the date of agreement dated 29.06.2016. Said suit was decreed by learned trial Court vide judgement and decree dated 30.05.2022 (Annexure P-3).
2.2. Aggrieved against the judgment and decree of trial Court, petitioner filed an appeal (Annexure P-4) along with application dated 07.07.2022 (Annexure P-5) for treating him as an indigent person. However,
his application has been dismissed vide order impugned herein.
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ASHISH 2023.01.30 09:13 I attest to the accuracy and authenticity of this order/judgment
CR-313-2023 (O&M)
Report of the Collector has been received bringing out that Dharampal son of Chhotu Ram, resident of village Jailaf is having residential accommodation consisting of two room, kitchen and toilet etc. and he is not having any land in his name in the village. However, perusal of the judgment itself shows that the stand taken by the appellant-defendant is that he had sold the land in question to somebody else. In that case, he must have received huge amount in respect of said sale amount. Still further, the present plaintiff- respondent had entered into an agreement with the defendant and from him also a sum of 7,70,000/- as earnest money was received by the appellantdefendant which has been ordered to be recovered by the learned Trial Court. Without going into the merit of the present case, it remains on record that appellant-defendant himself had sold the said valuable land. In these circumstances, it does not lie in the mouth of the appellant that he does not have requisite funds to pay the court fee. In that case, it cannot be said that the appellant-defendant is an indigent person. As such, the application under Order 33 Rule 1 read with Section 151 CPC stands dismissed. Now to come upon 2.1.2023 for affixing the court fees on the appeal. In the meanwhile, notice to the respondent-plaintiff be also issued.”
recorded by learned First Appellate Court, with which I am in agreement.
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ASHISH 2023.01.30 09:13 I attest to the accuracy and authenticity of this order/judgment
CR-313-2023 (O&M)
disposed of.
( ARUN MONGA ) JUDGE
January 18, 2023 ashish Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
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ASHISH 2023.01.30 09:13 I attest to the accuracy and authenticity of this order/judgment
2 issues framed by the court
Whether the District Judge committed any irregularity in law by dismissing the petitioner's application for treating him as an indigent person to file an appeal.
Whether the High Court should exercise its revisional jurisdiction to interfere with the dismissal.
2 provisions across 2 enactments
Dharamal (Dharampal)
Amar Singh
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
