RAJ KUMAR Vs. SOM NATH

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged order dated 5th May, 2017, passed by the Court of learned Civil Judge (Senior Division), Sirmaur District at Nahan in CMA No. 56-6 of 17 in Civil Suit Registration No. 56/2017 (Filing No. 137/2017), titled as Sh. Som Nath vs. Shri Raj Kumar and another, whereby an application filed under Order XXXIII Rules 1 and 2 of the Code of Civil Procedure by the respondent herein for permission to file the suit for recovery as an indigent person, has been dismissed.

(2.) Brief facts necessary for the adjudication of the present petition are that respondent herein filed an application alongwith plaint under the provisions of Order XXXIII Rules 1 and 2 of the Code of Civil Procedure praying for grant of permission to the applicant/plaintiff for filing the Civil Suit for recovery of an amount of Rs.5,00,000/- (rupees five lacs only) as damages/compensation against the petitioners herein.

(3.) Vide order dated 5th May, 2017, said application has been allowed by the learned Court below by passing the following order: