PHOOL SINGH & ANOTHER Vs. KAMLESH & OTHERS

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution challenges the order dated 26.8.2013 passed by the Court below in MJC No. 23/12.

(2.) The respondents/plaintiffs filed a suit for compensation and recovery. An application under Order 33 CPC (Annexure P-3) was filed stating that the plaintiff is a labourer and his yearly income is less than Rs. 10800/- . He is not capable to pay the court fees and, therefore, he be exempted from paying court fees. The application is opposed by filing reply by the other side. The Court below by impugned order dated 26.8.2013 decided the said application and allowed the application under Order 33 CPC.

(3.) Assailing this order, Shri Rajput submits that para 4 & 5 of the plaint averment shows that the plaintiffs have paid Rs.2 lakhs to the defendants which shows that he had sufficient amount of money. In addition, it is submitted that the persons whose statements are recorded were not permitted to be cross examined by him. He relied on certain provisions of C.P.C.