PREM SARDANA Vs. SAVITRI DEVI

JUDGEMENT

(1.) SMT . Savitri and her husband Malkhan Singh filed suit for the recovery of Rs. 2 lacs against Shri Ramesh Kumar and others under the Fatal Accidents Act with interest @ 18% per annum as indigent persons under Order 33 read with Section 151 CPC.

(2.) VIDE order dated 11.8.1990, their prayer to sue as indigent persons was allowed.

(3.) VIDE order dated 3.11.1999, Civil Judge (Senior Division), Karnal declined this prayer. It is this order dated 3.11.1999 which has been challenged through this revision by the defendants. It is submitted by the learned counsel for the petitioner-defendants that the respondent-plaintiffs could not have been declared indigent persons without notice to them and notice to the State alone was not sufficient. It is submitted that if notice had been given to them, they would have adduced evidence to show that the plaintiffs are not paupers but were in a position to pay Court fee on the plaint. In support of this submission, my attention has been drawn to the provisions of order 33 Rule 6 CPC. Order 33 Rule 6 CPC reads as follows :-