PRAJAPATI KESHAVLAL AMRATLAL Vs. SHAILESH KUMAR KANAILAL SHARMA

JUDGEMENT

(1.) The petitioner who is the original plaintiff of Special Civil Suit No. 242 of 1988 on the file of the Civil Judge, S. D., Mahesana has challenged the legality and validity of the order dated December 19, 1988 passed by the learned trial Judge dismissing the suit on the ground of not paying the Court fees, though the plaintiff was allowed to sue as an indigent person.

(2.) Relevant facts giving rising to the petition may be briefly stated as under :

(3.) It is the pleadings of the aforesaid Special Civil Suit No. 242 of 1988 that on June 26, 1987, the defendant attacked on the petitioner with lethal weapon, while he was passing in front of the shop of the defendants and caused serious injuries to the petitioner. The petitioner had undergone treatment as an indoor patient for about 12 days. A criminal complaint being Criminal Case No. 2502 of 1987 was lodged by the petitioner against the defendants. The petitioner also filed the aforesaid Special Civil Suit in the Court of Civil Judge (S.D.), Mahesana and claimed compensation of Rs. 25,000.00 as general damages of pain, shock and suffering and medical expenses that were required to be incurred by the petitioner on account of aforesaid incident of June 26, 1987. The petitioner filed a Civil Miscellaneous Application No. 112 of 1987 for allowing him to institute suit appeal as an indigent person as the petitioner did not possess of sufficient means to enable him to pay the fees prescribed by law for the plaint in the said suit. The said application was under Order XXXIII, Rule 1 of the Code of Civil Procedure. By the order of Novermber 29, 1987, the learned trial Judge ordered to issue notice to the District Government Pleader and the opponents and thereafter, held necessary inquiries into the means of the petitioner as an indigent person. The learned Judge by his order dated August 5, 1988, on conclusion of the said inquiry, permitted the petitioner to contest the suit in forma pauperies and ordered to register the said suit as a special suit. Accordingly, the suit was registered as Special Civil Suit No. 242 of 1988. The Court thereafter, ordered to issue summons to the defendants for settlement of issues making it returnable on September 5, 1988.