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1997 Supreme(HP) 323

A.K.GOEL
GUSSAUN – Appellant
Versus
PARVEEN KUMAR – Respondent


Advocates Appeared:
Ashwani K. Sharma, for Petitioners; B.K. Malhotra, (for Nos. 1 and 2), for Respondents.

ORDER

1. This revision is directed against the judgment passed by the District Judge, Mandi, Kullu and Lahaul-Spiti District at Mandi in Civil Misc. Appeal Nos. 41 of 1995/2 of 1993, dated 18-9-1996. By means of impugned judgment, deceased Smt. Kasturu was held to be an indigent person and after her death, her legal representatives (present respondents 1 and 2) were also held to be indigent persons and consequently leave to file the suit in their capacity as such, was granted.

2. Brief facts giving rise to this case are that initially an application under Order 33, CPC was filed by Smt. Kasturu as an indigent person seeking leave of the Court to institute the suit as such. This matter came up before the trial Court who vide its judgment date 18-6-1990 held that Smt. Kasturu is not an indigent peron as such her prayer was declined. This order of the trial Court was questioned by Smt. Kasturu in an appeal, and by means of judgment, the appeal was allowed and the case was remanded back to the trial Court for decision afresh. Again vide its judgment dated 27-11-1992 trial Court rejected the claim of Smt. Kasturu and dismissed the application filed by her. Being dissatisfied with the said





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