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PRAMOD KUMAR VARSHNEY versus ANIL KUMAR SAXENA & OTHERS

High Court of Judicature at Allahabad

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Pramod Kumar Varshney v. Anil Kumar Saxena & Others - CIVIL REVISION No. 297 of 2007 [2007] RD-AH 13032 (27 July 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Janardan Sahai,J

By the impugned order the trial court has held the plaintiff respondent to be an indigent person. It was submitted by the applicant's counsel that in holding the plaintiff to be an indigent person the trial court has taken into account an order passed on 31.5.90 in earlier suit holding him to be an indigent person, which order could not be taken into account as it is an old one and does not help determine the plaintiff's financial position on the date of the suit. The perusal of the trial court's order indicates that the trial court has held the plaintiff to be an indigent person on other material also and has relied upon the statement of the plaintiff that he was not possessed of sufficient means to pay the court fee and It has been noted by the trial court that the plaintiff was not cross examined upon the point. In view of above facts and circumstances, the order of the trial court does not suffer from any illegality which may call for interference. Dismissed.

27.7.07sm

cr 297/07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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