SHIROMANI GURUDWARA PRABHANDHAK COMMITTEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal has a saga of 27 years of dispute and the issue arose at the threshold itself i.e. whether the appellant was entitled to sue as an indigent person within the meaning of Order XXXIII of the Code of the Civil Procedure, 1908 (hereinafter referred to as the said Code). We are informed that out of these 27 years, almost 23 years were spent in the proceedings before the Chief Ministerial Officer who had the occasion to deal with evidence about the status of being an indigent person.

(2.) THE appellant before us filed an IPA through the then President seeking recovery of damages of Rs.1,000/- crores for loss of moveable and immoveable properties of various gurdwaras administered by the appellants across the country under the provisions of the Punjab Sikh Gurdwara Act, 1925 in the wake of operation Blue Star. Respondents No. 1 & 2 being the Union of India opposed the application by filing objections to the same. On completion of pleadings of IPA No. 23/1986, the matter has been taken up by the learned Single Judge who passed the order dated 20.09.1989. This order is of some significance in view of the pleas advanced before us by the learned senior counsel for the appellant which we will examine later on but in view thereof, we consider it necessary to note about the salient aspects of this order.

(3.) IT is after the aforesaid order, the Chief Ministerial Officer proceeded to record the evidence produced by the appellant and submitted a report dated 31.07.2008 concluding that the appellant has the sufficient means to pay the Court fees. In coming to this conclusion, the moneys invested by appellant No. 1 in FDRs and those lying to the credit of the SGPC in various bank accounts amounting to Rs.23,33,43,675.13 were taken into consideration as the requisite Court fees payable was Rs.10 crores in respect of the relief claimed for on behalf of the appellant. To this report, objections were filed by the appellants.