Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1267 of 2018 Petitioner :- Pran Nath Sharma Respondent :- Vijay Spensior And 8 Others Counsel for Petitioner :- Amit Kumar Singh,Sudhanshu Pratap Singh
Hon'ble Manoj Kumar Gupta,J.
The petitioner has filed an application paper No. 6Ga2, wherein, he made a prayer to the Appellate Court to permit him to file the appeal as an indigent person. The appellate Court has held that on the own showing of the appellant, he was having annual income of Rs.84,000/- whereas, the court fee payable was only Rs. 45,000/-. Therefore, in view of definition of indigent person given under Order 33, Rule 1 CPC, the appellant cannot be held to be an indigent person. The appellant was granted fifteen days time to pay the court fees. However, the court fees was not paid. Consequently, by order dated 25.11.2017, the appeal has been dismissed for non-payment of the court fees. Aggrieved by these orders, the instant petition has been filed.
Counsel for the petitioner submitted that the petitioner filed the application for permission to file appeal as an indigent person under the provisions of Order 44 CPC and, therefore, the definition of indigent person given under Order 33, Rule 1 CPC would not apply.
This Court is unable to accept the contention of learned counsel for the petitioner. The word 'indigent' has not defined under Order 44 CPC. However, it is defined under Order 33, Rule 1 CPC. Order 44, Rule 1 CPC makes applicable the provisions relating to suits by indigent persons including the presentation of such application, in so far as those provisions are applicable. This Court does not find anything contrary in Order 44 CPC, which would require holding that definition of indigent person given under Order 33, Rule 1 CPC, would not apply.
The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 28.2.2018 AM/-