VIJAY KUMAR Vs. RAM MURTI

JUDGEMENT

(1.) THIS is a petition for the revision of the order dated September 29, 1983, of the learned Subordinate Judge, Ambala City, granting permission to the plaintiff-respondents to sue as indigent persons. Smt. Ram Murti is the wife and Kumari Veena and Kumari Pinki, daughters of Shri Gian Chand, petitioner No. 2. They filed a petition in the court of the learned Subordinate Judge for securing leave of the Court to sue as indigent persons. They alleged that they did not posses sufficient means to pay the requisite court fee. A schedule mentioning the property owned and possessed by the petitioners was attached to the petition. The petition was filed claiming maintenance from Shri Gian Chand at the rate of Rs. 2000/- per mensem. They had also sought orders of the Court. creating a charge on the Joint Hindu Family. The petition was contested by the defendants. They alleged that the petitioners were possessed of sufficient means pay the requisite court fee on the amount claimed in the suit. The petition was sent to the Collector for inquiry and the Collector had reported that the petitioners were indigent persons. After carefully considering the evidence adduced by the parties, the learned trial Judge held that the petitioners were indigent persons; that they were not possessed of means sufficient to pay the requisite court fee.

(2.) KUMARI Veena was employed as a Teacher on a monthly salary of Rs. 420/-, She is an unmarried girl and is serving at Malerkotla, which is quite far away from Ambala City. The pay drawn by her is hardly sufficient for her maintenance. The assets owned by the petitioners are worth Rs. 4,000/- only. The trial Judge allowed the application seeking leave to sue as indigent persons. Aggrieved by this order, Shri Vijay Kumar and Shri Gian Chand have filed this revision petition.

(3.) IN support of his contention, Mr. Thapar has relied upon two decisions at this Court in Ghanshyam Dass Rastogi v. A. N. Syal and another, AIR 1961 Punjab 131 and Shrimati Mohni v. Shri Virendra Kumar and another, 1970 Current Law Journal 384.