KAPIL MINOR Vs. SHIVMANGAL AWASTHY

JUDGEMENT

(1.) This Misc. appeal is by the minor plaintiff who was refused permission to sue and prosecute his suit as an indegent person. The impugned order is dated 4-12-1997, passed by learned IInd A.D.J., Dhar, in case No. 22/96. Facts in brief for the disposal of this appeal are these.

(2.) Appellant is the plaintiff. He is minor. He filed a suit through next friend - his father Bhagwan against the respondent (defendant) claiming compensation amounting to Rs. 5,00,000/-. The suit was inter alia founded on the allegations that on 21-3-1993 plaintiff - Kapil was down with fever. He went to take medicines to defendant, who was a private medical practitioner. According to plaintiff, defendant administered certain injections which adversely affected on the plaintiff. The advance reaction resulted in permanent disability in his leg as he is now unable to walk. In support, the plaintiff filed certificates of other doctors. According to plaintiff this disability was due to shere neglience of defendant and hence suit to claim damages of Rs. five lacs was filed.

(3.) Since the plaintiff had no means to pay the requisite advelorum Court fees on the valuation of the suit and hence, he filed the suit under Order 33 Rule 1 of C.P.C. as an indigent person. It was alleged that plaintiff does not possess any property of any nature in his individual name and hence he is entitled to file a suit as an indigent person.