SURENDRA KUMAR TIWARI Vs. COLLECTOR

JUDGEMENT

(1.) APPELLANT has challenged the order dated 21.3.2001 passed by First Additional District Judge, Rewa in Civil Misc. Case No. 10/1997 by which application under Order 33 rule 1 CPC filed by appellant for seeking permission to file the suit as an indigent person was rejected. Appellant filed a suit for recovery of Rs. 4,29,200/ -. The Court -fee payable in the suit was Rs. 51,304. The respondents on notice opposed the application by filing reply.

(2.) THE trial Court recorded evidence of AW 1 Surendra Prasad Tiwari, AW 2 Triveni Prasad and NAW1 Tabarak Khan; Mining Officer, Rewa. By the impugned order, the Court below considering the following facts rejected the application :

(3.) THE learned counsel appearing for respondents/State submits that the appellant is not an indigent person. He is having property. Relying on the report dated 1.4.2002 filed before this Court, the learned counsel for State submits that the appellant is able to pay court fee.