HARMOHAN SINGH Vs. THARWARIA MAL ETC

JUDGEMENT

(1.) This revision petition has been filed by the plaintiff against the order of the Senior Subordinate Judge, Narnaul dated June 15, 1979, disallowing the plaintiff to sue as an indigent person.

(2.) Briefly, the facts are that the father of the plaintiff Sohan Singh was the Karta of the join Hindu family of which the plaintiff was a coparcener. Sohan Singh, it is alleged, sold a shop belonging to the joint Hindu family without consideration and legal necessity. The plaintiff filed an application that he be allowed to file a suit for possession on the ground that the alienation was without consideration and legal necessity, as an indigent person, because he had no sufficient means to pay the court-fee. The application was contested by respondent No. 1 who pleaded that he had the means to pay the court-fee.

(3.) The learned trial Court came to the conclusion that the applicant had share in 20 bighas of land which belonged to Joint Hindu family. It consequently held that he was in a position to pay the court-fee. The petitioner has come up in revision against the said order to this Court.