MOHINDER SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) This is an appeal against order dated 18.11.1987 vide which the learned Additional District Judge, Patiala reversed the judgment of the learned Sub-Judge 1st Class, Nabha in Mohinder Singh & Ors. v. Rajinder Singh & Ors., Civil Suit No. 38 of 1984 and granted permission to the plaintiff-respondent No. 1 to sue as an indigent person with a direction to the trial Court to register the plaint and proceed to dispose of the suit in accordance with law.

(2.) The facts necessary for deciding the appeal are that plaintiff- respondent Rajinder Singh (minor) son of Shri Harchand Singh filed suit through his next friend Shri Sukhdev Singh for declaring the sales made by his father in favour of the defendant-appellants as illegal, void, inoperative against him. In their written statement the defendant-appellants questioned the maintainability of the suit by asserting that plaintiff-respondent had not paid the requisite court fee. After considering the objection raised by the defendant-appellants, the learned trial Court passed order dated 30.1.1985 for removing the deficiency of court fee by 27.2.1985 with a stipulation that failure to do so would lead to rejection of the plaint. Thereafter, counsel appearing for the plaintiff-respondent filed application dated 27.2.1985 under his own signatures and verification for allowing (his client) to sue as an indigent person. In their reply, defendant-appellants averred that the plaintiff is a man of means and owns property worth lacs of rupees and as such he is in a position to pay the requisite court fee. They further averred that the application filed by the Advocate of the plaintiff-respondent is not maintainable and is liable to be rejected under Order 33 Rule 5 of the Civil Procedure Code (hereinafter referred to as the CPC).

(3.) In view of the rival pleadings, the trial Court framed the following issues :