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2013 DIGILAW 994 (RAJ)

LRs of Khatoon v. Abdul Rahim

2013-05-14

ARUN BHANSALI

body2013
JUDGMENT 1. - This appeal has been filed by the appellants under Order 43, Rule 1 (na) CPC aggrieved against the rejection of their application under Order 33 CPC for permission to sue as an indigent. 2. The suit was filed by Smt. Khatoon wife of late Kadar Bux and after filing of the application along with the suit she died. The present appellants, who are the legal representatives of original plaintiff Smt. Khatoon also filed an application under Order 33 CPC, inter alia, with the averments that they wanted to prosecute the litigation filed by Smt. Khatoon, however, they were not possessed of sufficient means so as to pay the requisite Court fees. The suit was valued at Rs. 81,000/- and the requisite Court fees was Rs. 4,115/-. 3. By the impugned order, the trial court dismissed the application filed by the legal representatives of Smt. Khatoon and granted two months' time to pay the requisite Court fees. 4. During pendency of the appeal one of the legal representatives Khuda Bux also died and his legal representatives have been taken on record. 5. It is submitted by learned counsel for the appellants that the legal representatives of Smt. Khatoon, which includes the legal representatives of Khuda Bux still want to prosecute the litigation filed by Smt. Khatoon for cancellation of sale deed. 6. Learned counsel for the respondents submits that Mohd. Iqubal, who is son of Khuda Bux is serving with the Electricity Board and it cannot be said that he is not possessed of the requisite means so as to prosecute the said suit and the present appeal as 'indigent person'. 7. Learned counsel for the appellants is not in a position to refute the fact regarding Mohd. Iqubal's service with the Electricity Board. However, he submits that a sum of Rs. 4,115/- was a huge sum at the relevant time when the suit was filed and the appellants-legal representatives of Smt. Khatoon and/or Khuda Bux would now be in a position to comply with the direction given by the trial court. 8. In view of the submissions made by the parties, the present appeal is dismissed. However, the appellants-legal representatives of Smt. Khatoon and/or Khuda Bux are granted two months' time to deposit the requisite Court fees before the trial court in terms of the order dated 17.11.1998. 8. In view of the submissions made by the parties, the present appeal is dismissed. However, the appellants-legal representatives of Smt. Khatoon and/or Khuda Bux are granted two months' time to deposit the requisite Court fees before the trial court in terms of the order dated 17.11.1998. The suit pertains to the year 1985 and trial court is directed to now take up the said suit on a priority basis and proceed with the same with utmost expedition.Appeal Dismissed. *******