Harbhajan Singh vs Subhash and Company

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed against the impugned order dated 16.5.2011 (Annexure P3), passed by the Court of Additional District Judge, Kurukshetra, whereby a permission was declined to the Petitioner to pursue the appeal as an indigent person.

The Court below, while dismissing the application, took into consideration the report submitted by Tehsildar, Thanesar, regarding the financial status of the Petitioner. As per the report, the Petitioner was owning a residential house at village Lukhi and was also having an agricultural land measuring 11 kanals 8 marlas. It is not disputed that the Petitioner is a well bodied person, therefore, he can earn minimum wages which are prescribed in the State.

Learned Counsel for the Petitioner has submitted that total ad valorem fee, which the Petitioner has to affix upon the appeal, comes to ` 50,000. The Court below has rightly held that the Petitioner cannot be permitted to continue the appeal as an indigent person. The impugned order is well reasoned and also in consonance with the facts and law of the case.

Hence, no interference is warranted in the present petition and the same is dismissed.

At this stage, learned Counsel for the Petitioner submits that he be permitted to withdraw the present petition and sufficient time be granted to the Petitioner to make the deficiency in the Court fee good.

I find merit in the alternative submission made by learned Counsel for the Petitioner.

As prayed, the present petition is dismissed as not pressed. However, three months'' time is granted to the Petitioner to deposit the Court fee.