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1968 Supreme(Del) 150

I.D.DUA
KEWAL KRISHAN – Appellant
Versus
KHAZAN SINGH – Respondent


Inder Dev Dua, J.

( 1 ) THIS revision by Kewal Krishan plaintiff is directed against the order of a learned Subordinate Judge 1st Class, Delhi, dated 15-11/1966, whereby the petitioner-pliantiffs application for permission to sue as a pauper was disallowed.

( 2 ) THE trial Court on 23-6/1966, called for a report from the Collector on the petitioner s application under Order 33, Rule 1, Civil P. C. The report was required to be sent to the Court by 12-5/1966. After several hearings, on 15/11/1966, the learned Subordinate Judge, in the presence of the counsel both for the plaintiff and for the defendant, considered the report of the Collector and on the basis of that report, disallowed the plaintiff s application. The report, which is really made by a Naib-Tehsil-dar, and is dated 16/5/1966, read as under :

"this is a pauper case filled by Sh. Kewal Krishan s/o Shri Nathu Ram. He was called in this office and his statement was recorded. He gave two witnesses in support of his statement. From the statement of the petitioner, it appears that he (has) seven brothers who are employed and his father is also doing some business. The petitioner himself is an earning member. With the earning






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