MODIT JAIN Vs. DIVYA JAIN

JUDGEMENT

(1.) This revision is directed against order dated 27-8-2003 passed by the learned District Judge, Jammu in a petition for forma pauperis filed by respondents. After preliminary enquiry and considering the petitioners (respondents herein) as indigent persons, a direction has been issued to the petitioner herein (defendant in the suit) to file written statement. In the same order, kept the issue of final declaration of respondents being indigent persons alive to be decided after framing the issue in this regard in the suit.

(2.) Brief resume of facts as emerge from the petition are, that a petition under Order 33, Code of Civil Procedure seeking permission to sue as indigent persons was presented before the District Judge, Jammu by the respondents (plaintiffs) on 1-1-2003. Learned District Judge, Jammu directed his Section Officer to submit report. Pursuant to the aforesaid order, report was submitted by the Section Officer, which was considered by the Court whereupon order dated 20-1-2003 came to be passed, which is in the following terms :

(3.) After passing the aforesaid order, petitioner was put to notice, who preferred an application dated 12-4-2003 seeking permission to lead evidence to disprove the claim of the respondents of being indigent persons. It is this application, which culminated in passing of impugned order.