Allahabad High Court
St. Mary'S Academy And Ors. vs Bhagwati Prasad Sharma on 28 August, 2002
Equivalent citations: 2002(4)AWC3174
Author: Rakesh Tiwari
Bench: Rakesh Tiwari
JUDGMENT Rakesh Tiwari, J.
1. Heard the learned counsel for the parties and perused the entire records of the revision.
2. This civil revision is directed against the judgment and order dated 2.12.1989 passed by the Third Additional Civil Judge, Saharanpur in Misc. Case No. 101 of 1985. By the impugned order, the application of the plaintiff to sue as an indigent person has been allowed and the Original Suit No. 19 of 1990 has been registered. The relief sought in this revision is to set aside the order dated 2.12.1989 and to dismiss the application of the plaintiff to sue person as an indigent.
3. It appears from the record of the civil revision that the court below has taken all the materials into consideration while declaring the plaintiff-opposite party as an indigent person by permitting him to file the suit. A categorical finding of fact has been recorded that the plaintiff-opposite party has no property of more than Rs. 1,000 and further that there is no material to show as to how much is the income of Bhagwati Prasad Sharma. No evidence could be produced by the revisionist as such, he was permitted to initiate proceedings as an Indigent person.
4. The learned counsel for the defendants-revisionists has not been able to point out any Illegality or irregularity in exercising the jurisdiction by the court below not vested in it.
5. In view of the above facts, the suit of the plaintiff-opposite party as an indigent person is maintainable. The civil revision is dismissed and the court below is directed to proceed and conclude the case expeditiously preferably within a period of 6 months from the date of production of a certified copy of this order in accordance with law.