CHANDRAPAL MISRIMAL RAJPUROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition, the petitioner herein has challenged the order dtd. 31/7/2018 passed below Exh.40 by the Principal Senior Civil Judge, Kapadwanj, in CMA No.30 of 2017 (Old Case No.260 of 2017 whereby, the application filed by the petitioner - original plaintiff seeking permission to institute suit as an indigent person against original defendant Nos.1 to 5- respondents herein, has been rejected.

(2.) It is the case of the petitioner herein that the petitioner herein - original plaintiff preferred an application below Exh.40 seeking permission to institute suit as an indigent person against the respondents - original defendant Nos.1 to 5. The trial Court rejected the said application below Exh.40 by the order dtd. 31/7/2018 held that one suit is already decided in respect of same subject matter then the another suit which was wanted to be filed by the plaintiff against the same defendant on the same subject matter, the same is prohibited under Sec. 11 of the Civil Procedure Code and that, the said application came to be rejected on the grounds mentioned in Order 33 Rule 5. Paragraph 8 of the said order reads thus:

(3.) During the course of hearing, Mr. Hardik B. Shah, learned advocate appearing for the petitioner, on instruction, submitted that the petitioner herein is ready and willing to deposit the Court fees.