TEJ KAUR Vs. ISHWAR SINGH

JUDGEMENT

(1.) Challenge in the present revision petition is to the order dtd. 25/10/2021 (Annexure P-9), passed by learned Additional District Judge, Kaithal, whereby an application under Order 44 Rule 1 CPC has been dismissed. Besides the same, even the the order dtd. 15/11/2021 (Annexure P-10), has been passed, thereby rejecting the appeal for want of Court fee, as ordered.

(2.) The material facts are that while challenging the judgment and decree dtd. 5/3/2020 in case bearing Civil Suit No.209 of 2017 titled 'Ishwar Singh Vs. Tej Kaur', an appeal was filed by Tej Kaur, petitioner/appellant. Along with the appeal, an application was also filed under Order 44 Rule 1 CPC, thereby seeking permission to file the appeal as an indigent person. However, vide impugned order dtd. 25/10/2021 (Annexure P-9), on the basis of the report having received from the Collector, Kaithal, about the petitioner/appellant Tej Kaur, to be having property measuring 11 kanal 1 marla in her name, it was held that Tej Kaur is not an indigent person, and consequently, the application was dismissed.

(3.) Vide the same order, the petitioner/appellant was directed to deposit Court fee, as per Rules, on 15/11/2021. However, on 15/11/2021, the petitioner/appellant failed to deposit the Court fee, in compliance of the order dtd. 25/10/2021 and the appeal in hand was rejected for want of Court fee.