Gurmeet Singh Sandhawalia, J. - (1.) Prayer made in this application for placing on record accompanying Civil Misc. Application and Annexures A/1 and A/2 and further for dispensing with filing of certified copies of Annexures A/1 and A/2 is allowed. Annexures A/1 and A/2 are taken on record. The Civil Misc. Application stands disposed of accordingly. Civil Misc. Nos. 11409 of 2013
(2.) THE present application has been filed by the petitioner to recall and modify the order dated 23.3.2012 and to permit the petitioner to pursue the present revision petition on merits and to set aside the order impugned in the revision petition after permitting the petitioner to deposit the court fee and pursue his appeal for decision on merits before the Additional District Judge, Jalandhar against the judgment and decree dated 10.1.2008. The Civil Suit No. 470 of 2007 was instituted on 20.9.1999 by defendant No.1 for specific performance of agreement dated 11.3.1999 against the petitioner who was defendant No.1. The dispute pertains to House No. 77, measuring 10 Marlas situated at Rose Park, Jalandhar City. The suit was decreed on 10.1.2008 by the Civil Judge (Junior Division), Jalandhar by noticing that in case the loan amount obtained by defendant No.1 was more than 6 lacs from the Allahabad Bank, which had been arrayed as defendant no.2 the plaintiff will be duty bound to purchase the property with the lien and deposit the aforesaid amount and to recover subsequently from defendant No.1, if he so desires. The petitioner filed an application on 10.3.2008 for permission to file the appeal as forma pauperis as he had no source of income to affix the court fee since he had remained behind the bar for one year in a criminal case. The application was dismissed on 2.2.2010. The appeal was taken up thereafter on 6.2.2010 and on account of deficiency in court fee having not been made good, the request for extension of time was declined and the appeal was rejected. Resultantly, the present revision petition came to be filed which was dismissed on 31.1.2011 by passing the following order: - "This petition is directed against the orders dated 02.02.2010 and 06.02.2010 passed by the Addl. District Judge, Jalandhar, dismissing the application for permission to file the appeal as forma pauperis as well as the appeal respectively. The first Appellate Court, while dismissing the application of the petitioner to sue as an indigent person has rightly observed that the same was not filed in accordance with the provisions of Order 33 Rule 5 -A CPC. No schedule of the movable or immovable property was annexed by him as per amended provisions of law. No grounds to interfere. Dismissed."
(3.) THEREAFTER , Civil Misc. Application No. 10024 -CII of 2011 was filed under Section 151 C.P.C. on 9.3.2011 for modifying the order dated 31.1.2011 which was supported by an affidavit of the present petitioner. The office returned the said application on the ground that the affidavit should be got attested and the affidavit was attested on 8.4.2011 by the Notary, Chandigarh and the application was refiled on the said date. It transpires that on 8.4.2011 the petitioner -applicant was in custody and could not have got attested the affidavit as is clear from the custody certificate (Annexure P/5) which has been appended by the petitioner himself while filing Civil Misc. Applications No. 1681 - 83 of 2012 for placing the said documents on record which were for the purpose of extension of time at a subsequent point of time. The said custody certificate shows that the petitioner was in custody from 21.3.2011 to 31.12.2011 on account of being convicted under Section 138 of the Negotiable Instruments Act, 1881 for one year. This Court being unaware of the illegality issued notice in the application on 13.5.2011 to the respondents and liberty was granted to deposit the court fee before the trial Court within 15 days and the following order was passed on 8.7.2011: - "Pursuant to issuance of notice, counsel for both the respondents have put in appearance and raise no objection in granting time to the applicant -petitioner to pay the court fee. Accordingly, petitioner is directed to deposit the Court fee before the trial Court within 15 days from today. On his doing so, the trial Court would decide the matter in accordance with law. Civil Misc. application stands disposed of accordingly.";