LADDHA INDUSTRIES Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) HEARD Shri Gangwal, learned counsel for the appellant, who made two submissions, (1) that the appellant is a member of weaker section and therefore is entitled for getting exemption from payment of Court -fee.

(2.) HIS prayer for sueing as an indigent person has not been considered by the Court. Learned counsel placed reliance of a case of this Court reported in A.I.R. 1988, Laxmi Narayan v. Madan Mohan and another in C.R. No. 195 of 1986 at page No. 142. In paragraph No. 2 of the Judgment, Single Bench pointed out the category of the person who are entitled to get exemption in view of notification of the State. In paragraph No. 7, the Single Bench of this Court observed :

(3.) HOWEVER , the grievance submitted by him that Court did not entertain prayer of the appellant for granting him permission to sue as an indigent person is upheld. The learned Judge has not considered this aspect and has not made legal enquiry which needs to be made. The learned Judge is directed to make an enquiry about the total income of the appellant by making a legal enquiry and to pass legal order. The appellant to appear before the concerned Court II A.D.J., Ratlam on 18.4.1995.