Rajasthan High Court - Jaipur
Sablania Training Works Khandela vs Raj Vitt Nigam And Others on 11 April, 2012
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
SB CIVIL MISC. STAY APPLICATION NO.1100/12. IN SB CIVIL FIRST APPEAL NO. 613/11. HON'BLE MS. JUSTICE BELA M. TRIVEDI DATE OF ORDER : 11.4.2012 Mr. Ashok Mishra for the appellant-applicant. Heard the learned counsel for the appellant-applicant. The present appeal has been filed against the judgment and order dated 12.5.11 passed by the trial court, whereby the trial court while dismissing the suit had directed the appellant to pay the requisite court fees, as the appellant-plaintiff was permitted to sue as an indigent person. In the present appeal also the appellant had filed the application alongwith the appeal memo to permit him to file the appeal as an indigent person. Unfortunately, the appellant has neither complied with the provisions contained in the Order 44 of CPC nor made the State Government as party-respondent in the appeal. Hence, before passing any order on merits, in the present application the appellant is directed to make the State Government as party-respondent in the appeal as well as in the present application.
The appellant shall carry out the amendment today in the original memo of appeal as well as in the memo of application, and also furnish the amended cause title of appeal and application. Thereafter the notices be issued to the State Government on appeal and application returnable on 25.4.12. Put up on 25.4.12.
(BELA M. TRIVEDI) J.
MRG.
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. M.R. Gidwani PS-cum-J