R.N. Mittal, J. - (1.) THIS revision petition has been filed by the defendant against the order of the Subordinate Judge, First Class, Kharar, dated May 3, 1978.
(2.) BRIEFLY the facts of the case are that the father of the plaintiffs was murdered by Inderjit defendant. The plaintiffs filed an application for permission to sue as a pauper for recovery of Rs. 1,00,000/ - as damages. They were allowed to file the suit in forma pauperis Subsequently an application was made by the defendant praying that the plaintiffs be dispaupered as they had sufficient means to pay the Court -fee. The trial Court, vide the impugned order came to the conclusion that the plaintiffs were not paupers Consequently it dispaupered them. It further held that the plaintiffs could not be called upon to make good the Court -fee at that stage The defendant has come up in revision against the said order to this Court. The only question that arises for determination is that if a plaintiff is dispaupered, whether he cannot be called upon to make good the Court fee at that stage. In order to determine this question, reference may be made to Order 33, rule 11, Civil Procedure Code, which says that where the plaintiff is dispaupered, the Court shall order him to pay the Court -fee. A reading of the section shows that it is mandatory provision and as soon as a plaintiff is dispaupered, he is liable to pay Court fee. No further proceeding can be taken in the suit unless the deficiency in the Court fee is made good. Mr. Gur Rattan Pal Singh, learned counsel for the respondents, is fair enough to concede that the finding of the trial Court to this extent was erroneous He, however, requests that it will not be possible for the respondents to arrange money in a short time and they may be granted sufficiently long time to pay the Court -fee. I find this request of the learned counsel to be reasonable.
(3.) FOR the reasons recorded above, I accept the revision petition, modify the order of the trial Court and order that the plaintiff -respondents are liable to pay Court -fee before the suit proceeds further. I, however, grant them three months time to pay the Court -fee. The parties are directed to appear in the trial Court on September 18, 1978.;