M/S JIWAN METAL INDUSTRIES, CIRCULAR ROAD, REWARI THROUGH SHRI PARMA NAND JAIN AND ANOTHER Vs. SYNDICATE BANK HEAD OFFICE MANIPAL BRANCH AT REWARI THROUGH MANAGER SYNDICATE BANK, REWARI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 27th January, 1987 passed by the Additional District Judge, Narnaul, dismissing the application of the petitioners, filed under Order 44, Rule 1, Code of Civil Procedure.

(2.) SYNDICATE Bank filed a suit for the recovery of Rs. 6,23,069.61 against Jiwan Metal Industries and another. This suit was decreed by the trial Court on 28th February, 1985. An appeal was preferred by Jiwan Metal Industries and another along with the application under Order 44, Rule 1, Code of Civil Procedure. In this application it was stated that the present petitioners were not possessing the means to pay the requisite Court -fee leviable on the appeal, amounting to Rs. 29,370/ -. The lower appellate Court called for the report of the Tehsildar and thereafter afforded opportunities to the parties to lead evidence.

(3.) SHRI Jaswant Jain, Advocate, counsel for the petitioners, has referred to Order 33, Rule 1, Explanation 1, Code of Civil Procedure, which reads as under: -