ST MARYS ACADEMY Vs. BHAGWATI PRASAD SHARMA

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the entire records of the revision.

(2.) This civil revision is directed against the judgment and order dated 2.12.1989 passed by the Third Additional Civil Judge, Saharanpur in Misc. Case No. 101 of 1985. By the impugned order, the application of the plaintiff to sue as an indigent person has been allowed and the Original Suit No. 19 of 1990 has been registered. The relief sought in this revision is to set aside the order dated 2.12.1989 and to dismiss the application of the plaintiff to sue person as an indigent.

(3.) It appears from the record of the civil revision that the court below has taken all the materials into consideration while declaring the plaintiff-opposite party as an indigent person by permitting him to file the suit. A categorical finding of fact has been recorded that the plaintiff-opposite party has no property of more than Rs. 1,000 and further that there is no material to show as to how much is the income of Bhagwati Prasad Sharma. No evidence could be produced by the revisionist as such, he was permitted to initiate proceedings as an Indigent person.