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1981 Supreme(All) 287

R.R.RASTOGI
ZULFIQAR HUSSAIN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
G.P.MATHUR

R. R. RASTOGI, J.


( 1 ) THE plaintiff-applicant had filed a suit against the State of Uttar Pradesh, opposite party, for the recovery of certain amount. He was permitted by the trial court to sue as an indigent person. Subsequently an application was given on behalf of the opposite party on 19-3-1980 (198/c) for withdrawal of the permission given to the applicant to sue as indigent person. The ground taken was that during the pendency of the suit the plaintiff applicant had received a sum of about rupees 34,000/- and was, therefore, in a position to pay the Court-fee. It may be mentioned that the court-fee payable was about Rs. 14,000/ -. The plaintiff applicant filed an objection to that application. It was not disputed that the plaintiff had received the aforesaid amount after the filing of the suit but it was averred that out of that amount he paid Rs. 10,000/- to the Bank from which he had borrowed that money for making the security deposit and apart from that he made payments to the Brick-kiln owners for price of bricks and also made payments to the labourers and for transport. Thus, he was not left with any liquid cash with him for paying the court-fee. The trial court has no









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