JAGGA SINGH Vs. JAGTAR SINGH

JUDGEMENT

(1.) This is an application filed by Jagga Singh, applicant under O. XLIV read with the provisions of O. XXXIII of the Code of Civil Procedure, 1908 seeking permission to prefer the present appeal as an indigent person. When the matter came up for consideration on the last date of hearing it was pointed out that the learned lower appellate Court has also entertained such an application permitting the appellant to file appeal as an indigent person. Accordingly, the aforementioned order was required to be placed on the file, which has now been done by filing C. M. No. 1333 C of 2006. Copy of the order dated 17-4-2004 shows that after considering various contentions, the learned lower appellate Court has concluded that the appellant was not in a position to pay the requisite court fee prescribed for filing the appeal. The view of the appellate Court is discernible from para 9 of the order which reads as under :

(2.) Notice of the application was issued. Shri Pawan Malik, Advocate has put in appearance on behalf of the non-applicant-respondents.

(3.) Shri S. C. Chhabra, learned counsel for the applicant-appellant has argued that the position of the applicant after the decision of the learned lower appellate Court on 17-4-2004 has not undergone any change as the applicant has not acquired either any liquid cash or any other property after the passing of the aforementioned order. The sale of the property by the appellant in favour of Ravinder Pal Singh has also been taken into account and it has been concluded that no sale consideration passed on to the applicant-appellant which is alleged to be paid by Ravinder Pal Singh. Learned counsel has maintained that the report of the Collector dated 29-11-2002 has also confirmed that the appellant had no land.