MOHINDER PARKASH Vs. AZAD HIND OIL COMPANY, KAITHAL

JUDGEMENT

(1.) Mohinder Parkash has filed this revision petition under Article 227 of the Constitution of India after he failed in both the courts below to seek permission to file suit as indigent person under Order 33 of the Code of Civil Procedure (in short -CPC). The petitioner pleaded that he remained in service of respondent w.e.f. 12.06.1997 till 10.09.2004 and he received part wages from the defendant-respondent and the remaining amount of his wages remained deposited in the account books of the defendant-respondent in the name of petitioner to be paid as and when required by the petitioner, along with interest @ 18% per annum. The petitioner accordingly claimed the balance amount of his wages for the aforesaid period amounting to Rs. 3,92,500/-along with interest thereon @ 18% per annum amounting to Rs. 4,20,945/-thereby claiming total amount of Rs. 7,63,445/-. The petition for leave to file the suit as indigent person under Order 33 CPC was filed on 21.08.2007. The petitioner alleged that he had no means to pay the requisite court fee.

(2.) Learned Additional Civil Judge (Senior Division), Kaithal, vide order dated 13.11.2009 (Annexure P-3), rejected the application of the petitioner for permission to sue as indigent person and adjourned the case for payment of court fee. Appeal against the said order preferred by the petitioner has been dismissed by learned Additional District Judge, Kaithal, vide order dated 15.02.2011 (Annexure P-5). Both the aforesaid orders Annexures P-3 and P-5 of the courts below are under challenge in this revision petition.

(3.) I have heard learned counsel for the parties and perused the case file.