C.R. No. 4539 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.R. No. 4539 of 2009
Date of Decision: August 12, 2009
Sukhdev Singh and others
.....Petitioners
Vs.
Dhanna Singh and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:- Mr. Ashok Bhardwaj, Advocate
for the petitioners.
-.-
M.M.S. BEDI, J. (ORAL)
Vide impugned order dated July 27, 2009, the Additional;
District Judge (Fast Track Court), Sangrur, has dismissed the application of
the petitioners filed alongwith an appeal against money decree of
Rs.50000/- on the ground that the petitioners have got sufficient means to
pay the Court fee relying upon the following circumstances:-
C.R. No. 4539 of 2009 [2]
i) Petitioner No.1 had contested the Lok Sabha
Election from Sangrur constituency held in 2009
by depositing Rs.5000/- as security; and
ii) The report of Collector indicates that the
petitioners are co-sharer to the extent of 3/319
share in khasra Nos. 42/25/7-1, 48/4/21-4, 6/7-2,
15/1/0-12.
Counsel for the petitioners submits that the abovesaid
circumstances are not sufficient enough to dismiss the application of the
petitioners.
I have heard counsel for the petitioners and taking into
consideration the judgment of State of Haryana and another Vs. Baldev
Raj and another, 2009 (1) RCR (Civil) 181, cited by counsel for the
petitioner, laying down that a property which is exempted from attachment
under the Civil Procedure Code cannot be taken into consideration while
determining the indigence of a plaintiff. The ratio of the said judgment is
not applicable to the facts of the present case as the property owned by
petitioners does not seem to be immune to attachment as per provisions of
Civil Procedure Code.
Petition is dismissed. However, in the interest of justice, a
period of one month is granted to the petitioners from today to file the Court
fee.
August 12, 2009 (M.M.S.BEDI) sanjay JUDGE