KEJA BAI Vs. ULTRATECH CEMENT LIMITED

JUDGEMENT

(1.) The Petitioners in this cases have come up with a plea that they are not at all in a position to raise adequate Court fees to challenge the decree passed against them by the Civil Court and that they might be permitted to pursue the appeals as indigent persons in terms of Order 44 Rule 1 of the CPC.

(2.) When the matters came for consideration before this Court, the District Collector was required to conduct an enquiry and to file a report as to the means / financial status of the parties concerned. The prayer was opposed on the part of the 1st Respondent by filing an affidavit. The Collector has now filed a report, the operative portion of which in paragraph 10 is as follows :

(3.) After hearing both the sides and after going through the report of the Collector, we hold that the Petitioners have made out a case to have the liberty granted to pursue the appeals as indigent persons.