ISHWAR DAS PATEL Vs. MAHESH KUMAR

JUDGEMENT

(1.) This appeal under section 96 of Code of Civil Procedure has been filed against the judgment dated 7.7.2000 passed by Second Additional District Judge Shivpuri in Civil Suit No.2-B of 1999 by which, the civil suit filed for recovery of Rs. 1,59,600/- has been decreed.

(2.) Challenging correctness and propriety of the judgment passed by the trial court, it is submitted that by counsel for the appellants that first of all, the trial court has committed material illegality by permitting the plaintiff to file the suit as an indigent person. No report from Revenue Authority was called with regard to the indecency of the appellant and without conducting any inquiry and without obtaining any report from the revenue authorities, the plaintiff was permitted to file the suit as an indigent person. It is further submitted by counsel for the appellants that as no part of cause of action had arisen within the territorial jurisdiction of District Shivpuri, therefore, the suit was not maintainable.

(3.) Before considering the submissions made by counsel for the appellants, it would be necessary to consider the facts of the case.