SUNEAL MANGAL Vs. PRIME MAXI MALL MANAGEMENT

JUDGEMENT

(1.) This appeal is directed against the order of the Joint Registrar dated 21st March, 2011 whereby he dismissed the application filed by the petitioner under Order 33 of the Code of Civil Procedure seeking permission to sue as an indigent person. A perusal of the petition would show that the petitioner is seeking to recover a sum of Rs. 61 crores from the respondents. The court fee which was payable on the amount of Rs. 61 crores on the date of filing of the petition comes to about Rs. 61 lakhs. The case of the petitioner is that he does not possess sufficient means to pay the prescribed court fee.

(2.) The learned Joint Registrar while dismissing the application took the following facts into consideration:-

(3.) The learned counsel for the petitioner/appellant has pointed that though the petitioner has fixed deposit of Rs. 25 lakhs with Indian Bank, he had as on the date of filing of this petition taken an over-draft of Rs. 15 lakhs against that FDR. According to the learned counsel, the amount of over-draft has since reached about Rs. 20 lakhs. Even if only the over-draft amount as on the date of filing of the petition is taken into consideration, the surplus in the FDR of the petitioner would be less than Rs. 10 lakhs.