BALBIR SINGH Vs. DILBAGH SINGH

JUDGEMENT

(1.) THE material point for determination in the present revision is whether a stipend in the hand of a person is to be counted for the purpose of income so as to adjudicate as to whether a person is an indigent person or not ?

(2.) SOME facts can be noticed in the following manner. Shri Balbir Singh son of Shri Joga Singh, the present petitioner, filed an application in the form of an indigent person seeking the permission of the Civil Court to recover the amount of Rs. 1,51,000/- by way of damages and compensation against Shri Dilbag Singh, Ram Sarup and Jagir Singh. It was alleged by the petitioner that he owns no moveable or immovable property except the one mentioned in the list attached with the application and he is unable to pay court-fee as required under the law because he has no source of income.

(3.) THE parties were afforded the opportunities to lead evidence and during the course of evidence, it was brought on the record that the petitioner has two buffaloes besides that he earns a sum of Rs. 1200/- per month by way of stipend which he gets in the capacity of a Supervisor from Sakharta Mission (Literacy campaign). The trial Court, in these circumstances, held that the petitioner was not an indigent person and vide order dated 10.4.1995, his petition was dismissed.