STATE OF PUNJAB Vs. R P KAPOOR

JUDGEMENT

(1.) THIS is a revision application under Section 115, C. P. C. by defendant No. 1 against the order dated 12-3- 1975 passed by the Civil Judge, Saharanpur.

(2.) BRIEFLY stated the facts giving rise to this revision application are that Sri R.P. Kapoor, opposite party No. 1, who will hereinafter be referred to as Sri Kapoor, had filed a suit against the State of Punjab and certain others for the recovery of Rs. 10,21,000.00 on account of damages arising out of malicious prosecution. He was liable to pay a court-fees of Rs. 76,982.50p. thereon. But he moved an application under Order XXXIII, Rule 1, C. P.C. for permission to sue as pauper alleging that he was not possessed of sufficient means to defray the said court-fees. The application was moved on 6-4-1963 in the court of the Civil Judge, Saharanpur. The following schedule of property possessed by him was given in the application:

(3.) ON 11-11-1966 the learned Civil Judge held that the property given by the plaintiff in his schedule was complete and he had not fraudulently suppressed any asset. In his opinion the plaintiff had no means to pay Court-fees. Accordingly he allowed the plaintiff to sue in forma pauperis.