INDERJIT Vs. SHANTI DEVI AND OTHERS

JUDGEMENT

(1.) THIS revision petition has been filed by the defendant against the order of the Subordinate Judge, First Class, Kharar, dated May 3, 1978.

(2.) BRIEFLY the facts of the case are that the father of the plaintiffs was murdered by Inderjit defendant. The plaintiffs filed an application for permission to sue as a pauper for recovery of Rs. 1,00,000/ - as damages. They were allowed to file the suit in forma pauperis Subsequently an application was made by the defendant praying that the plaintiffs be dispaupered as they had sufficient means to pay the Court -fee. The trial Court, vide the impugned order came to the conclusion that the plaintiffs were not paupers Consequently it dispaupered them. It further held that the plaintiffs could not be called upon to make good the Court -fee at that stage The defendant has come up in revision against the said order to this Court.

(3.) FOR the reasons recorded above, I accept the revision petition, modify the order of the trial Court and order that the plaintiff -respondents are liable to pay Court -fee before the suit proceeds further. I, however, grant them three months time to pay the Court -fee. The parties are directed to appear in the trial Court on September 18, 1978.