SALMA HUSSAIN Vs. AYUB HUSSAIN

JUDGEMENT

(1.) Instant miscellaneous appeal is directed against the order dated 12.09.2005 passed by 1st Additional District Judge, Raipur, in M.J.C. Case No. 3/2005 whereby and whereunder the plaintiffs' application filed under Order 33 Rule 2 of CPC has been dismissed. Brief facts of the case are : Plaintiffs filed a suit for possession valued at Rs. 15,20,000/- against the respondents. As per plaint averment a court fee of Rs. 1,81,600/- was payable. Therefore, the plaintiffs sought permission of the Court to file suit as an indigent person.

(2.) After noticing respondents, enquiry was conducted by the trial Court under Order 33 Rule 1(A) of the CPC. The trial Court having found the plaintiffs' monthly income appears to be not less than Rs. 12,000/- per month, dismissed the application. Hence this appeal.

(3.) Shri Vivek Rathore, learned Counsel appearing for the appellants would submit: as per income certificate granted by Tahsildar the income of the entire family of the plaintiffs is only Rs. 3,000/- per month; appellants are not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable them to pay the fee of Rs. 1,81,600/-; as per their evidence, adduced during enquiry, plaintiffs' family income is Rs. 2,400/- per month and, therefore, the findings recorded by the trial court that the plaintiffs' income is Rs. 12,000/- per month is perverse and the order impugned deserves to be set aside and the appellants/plaintiffs may be permitted to sue as an indigent person.