ANIL KUMAR Vs. RANBIR SINGH

JUDGEMENT

(1.) A suit for seeking damages to the tune of Rs. 2.00 lakhs on account of multiple grievous injuries inflicted to the respondent -plaintiff by the petitioners -defendants resulting in permanent disability, was filed by the respondent -plaintiff as an indigent person under Order XXXIII Rule 1 CPC.

(2.) BEFORE the said suit could be entertained by the Civil Court, the plaintiff was to establish his eligibility to sue as an indigent person for which he had made an application before the said Court. In terms of provisions of Order XXXIII CPC, the Lower Court had called upon the plaintiff [now respondent] to lead evidence. The defendants had also been given an opportunity to lead their independent evidence as also in rebuttal evidence to the evidence produced by the plaintiff.

(3.) INVOKING supervisory jurisdiction of this Court under Article 227 of the Constitution of India, impugning the said order, the petitioners -defendants have claimed that respondent -plaintiff is possessing sufficient means to pay court fees and by suppression of material facts, has misled the Court though, he has agricultural land as well as residential house. It is claimed that the land of the plaintiff is ancestral and he was also working in a factory during day time as also a night Watchman and thus, was earning sufficiently to fend for himself and can easily pay the court fee.