S.S.Sodhi, J. - (1.) On the basis of a pronote, a decree for 46,000 rupees odd was passed against the petitioner. He filed an application thereafter for permission to file an appeal against this decree as an indigent person. November 10. 1989 was the date fixed for recording his statement on this application. It is stated that the petitioner fell ill and could not appear in the Court on that date. The matter was accordingly adjourned to November 18, 1989 but subject to payment of Rs. 100/- as costs. The petitioner appeared on the next date of hearing i.e. on November 18, 1989 but his statement was not allowed to be recorded as he did not pay 100/- as costs that had been imposed upon him on the previous date. According to the petitioner, on account of his poverty he was unable to pay these costs. The lower appellate Court thereafter proceeded to decide the application of the petitioner to file the appeal as an indigent person without recording his statement and relying upon the report of the Collector held that he could not be declared to been indigent person. It is this order which now stands challenged in revision.
(2.) Keeping in view the circumstances of the case, the impugned order of the lower appellate Court is hereby set aside and the matter is remitted back for fresh decision in accordance with law after affording due opportunity to the petitioner to make his statement. This revision petition is accordingly hereby accepted. In the circumstances, there will be no order as to costs. The parties are directed to appear before the lower appellate Court on November 27, 1990. Petition allowed.;