R P KAPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) On 7th Januar.y, 1969, the petitioner filed an application for permission to sue in forma pauperis against the Union of India, the State of Punjab and the Accountant General, Punjab for the recovery of Rs. 10,56,000.on account of damages. The pauper application was heard and on 24th April, 1972, Prithvi Raj J. held that the petitioner is not a pauper and caanot bepermitted to sue as such. The learned Judge, however, granted one month's time to the petitioner to pay the requisite court f,e. The pettioner took the matter in appeal. His appeal was dismissed in limine on 31st May, 1972. He urgued the matter in the Supreme Court. The Supreme Court declined to grant special. leave.

(2.) On 18th July, 1972, the petitioner made an application (IA 1276 of 1972) for extension of time for payment of court fee. On 5th April, 1973, time was extended by one montn from the date of the order. The petitioner did not pay court fee within the period extended. He made another application (IA1079 of 1973) On 14th May, 1973, time was again extended by one-month. Again the petitioner did not pay court fee. He made still another application (IA 1732,of 1973). On this application Chawla J. on 16th July, 1973, granted time to the petitioner to pay court fee within three months and the learned judge said that this was to be the last opportunity. This time expired on 15th October, 1973. Court fee was, however, not paid even within this period.

(3.) On 8th October, 1973, that is, before the expiry of the time granted by Chawla J. the petitioner moved anapplication under Section 151, Code of Civil Procedure in which he stated that he was unable to pay court fee of Rs 12,300 which is leviable on a claim for Rs, 10.56,000 He stated that he wished to amend his claim and confine his relief for general damages to Rs. 3,00,000 instead of Rs. 10,00,000. In the original application for forma pauperis he had claimed Rs. 10,00,000.00 on account of general damages and Rs. 56,000 on account of special damages. He, therefore, wanted to reduce his claim for general damages to Rs. 3,00,000.00 . The petitioner staled in this application that he was prepared to deposit court fee if he was allowed to reduce his claim to Rs. 3,00,000.00.