ABDUL LATIF Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THESE three rules were obtained by the petitioner who failed in the matter of obtaining leave to sue in forma pauper 's in regard to three suits that he instituted in the court of the learned Subordinate Judge, Jorhat. The petitioner is an ex -employee of the Railway and he sued the Union of India as the owner of the North -Eastern Railway for compensation in regard to three different sums. The Court after coming to the finding that the petitioner had sufficient means at his disposal to pay the court -fees, rejected those applications by his order dated 16th April 1960 and that order by itself was complete. On the same day the court passed Anr. order numbered as Order No. 15 in the order sheet which was in the following words: "Prayer to sue as a pauper is rejected. Petitioner to pay the court -fee by 16 -5 -60." The -petitioner thereafter failed to pay the court -fee on 16 -5 -60 and the subsequent order was passed on the 24th May 1960 by which the plaint was rejected as no court -fee was paid for which purpose time was extended up to 16 -5 -60. The petitioner urges that it was not obligatory for him to pay court -fees -after his application to sue in forma pauper 's was rejected and the Court could not on that ground reject the plaint, even if the deficit court -fee was not paid.

(2.) ORDER 33, Rule 15, Civil Procedure Code is pertinent in this respect and it lays down as follows: