VIJAY KUMAR PANDEY Vs. ASHOK LEYLANDS

JUDGEMENT

(1.) BY filing this appeal the appellant has challenged the order dated 10-7-2002 passed by IVth Additional District Judge, Rewa in M. C. J. No. 9/99 by which application under Order 33 Rule 1 of the Code of Civil Procedure filed by the appellant has been rejected.

(2.) THE brief facts necessary for the disposal of this appeal that the appellant purchased a Mini Truck on 17-1-1997 after requesting to his father to sell the land of his share and give him money in cash. His father gave him Rs. 1,10,472/- which was paid by him by demand draft dated 2-11-1997. On getting finance for the rest of the price the amount was paid to the Ashok Leyland Company. After the purchase of the said Truck the appellant discovered many manufacturing defects in it and as such he approached the respondents on several occasions to make the vehicle good but they did not pay any heed to it. The appellant filed a civil suit claiming compensation amounting to Rs. 6,38,100/ -.

(3.) IN the said suit the appellant made a prayer under Order 33 Rule 1 of the Code of Civil Procedure seeking exemption from the payment of Court-fee and register and proceed the suit in an ordinary manner without payment of Court-fee. The appellant pleaded that he is not in possession of sufficient means to pay the Court-fee. The respondents were noticed and they opposed the application of the appellant filed before the Trial Court under Order 33 Rule 1 of the Code of Civil Procedure. After hearing the parties, the Trial Court dismissed the application submitted by the appellant on the ground that the appellant's father Shashi Bhooshan is having about 25 to 26 acres of land and there is no explanation by the appellant as to why his father could not pay the Court-fee. It has also been held by the Trial Court that the father of the appellant received sufficient retiral benefits and, therefore, the Court below rejected the application.