GURDIAL SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) Acceptance of an application of Baldev Singh, respondent No. 1 herein, to sue as an indigent person has given rise to this revision petition.

(2.) Baldev Singh filed an application to sue as an indigent person on the allegations that he has no movable or immovable property and is thus, not in a position to pay Court fee. By way of relief he claimed a sum of Rs. 100,000/- on account of damages for the injuries caused to him for which a criminal case had been registered against the respondents. Upon notice, the application was resisted by the respondent, now petitioner.

(3.) The trial Court after discussing evidence produced in the case and having regard to the report of the Collector, accepted the application and directed that the application be registered as a suit. Learned counsel for the petitioner vehemently contended that the respondent is not an indigent person, he being possessed of agricultural land. The learned Counsel further pointed out that the applicant himself admitted that he was known as Budhu which was the stand of the petitioner. The trial Court relying upon the report of the Collector, accepted the application on wholly illegal and insufficient ground.