SAT NARAIN SHARMA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) In the present civil revision petition, the order dtd. 18/7/2022 is under challenge by which, the application under Order 33 Rule 1 to 4 CPC filed by the petitioners for permission to file the recovery suit as indigent person has been dismissed.

(2.) Learned counsel for the petitioners submits that the order dtd. 18/7/2022 has been passed on the basis of the report of the Collector, Panipat, a copy of which has been appended with this petition as Annexure P-1 wherein, a fact has been mentioned that petitioners' financial condition is sound but without giving any detail of supporting the said averment, hence, once the basis of recording the finding of the sound financial position of petitioner No.1 was missing in the report, the said report could not have been taken into consideration by the Courts below to reject the application filed by the petitioners. I have gone through the record of the Collector.

(3.) Though it is mentioned in the report of the Collector, copy of which is appended as Annexure P-1 that petitioner No.1's financial condition is found to be sound but the details/basis of the said finding is missing from the said report. Once the report is to be made qua the financial condition of the petitioners, the report needed to be supported by the evidence, which fact is missing in the report Annexure P-1, hence, the same could not have been taken into account while dismissing the application filed by the petitioners.