ORDER

The application seeking permission to appeal as an indigent person was dismissed by this court on the ground that admittedly the appellant has received an amount of Rs.21 lakhs in the status of nominee and it was not disclosed in the indigent application. The suit was instituted for recovery of the amount due from the defendant. It was ended in a decree in favour of the plaintiff. It is an admitted case that the defendant had received an amount of Rs.21 lakhs under the status of nominee. In the application, nothing has been mentioned as to whether it was deposited in any bank or kept in cash. It was not disclosed in the application seeking permission to file the appeal as an indigent person and on that ground, it was dismissed by this court and time was granted for payment of court fee, against which the petitioner/appellant has come up with the present review petition on the ground that the subject matter of the litigation has to be excluded while ascertaining the capacity to pay the required court fee. The amount received by cash which comes to Rs.21 lakhs is not lying in deposit with any court or any competent authority, but it was received in cash by the defendant. Hence, though the suit is for recovery of the said amount from the defendant, unless it was ordered to be deposited or subjected to any attachment, it cannot be exempted from assessing the ability to pay the court fee. In short, it cannot be exempted from assessing the ability, unless the said amount was deposited with the court or furnished by way of security or made as subject of an attachment in the suit.

2. The review petition is a misuse of the process of the court and liable to be dismissed. I do so. As an abundant caution, a further time upto 22/11/2021 is granted for remitting the balance court fee.

Call the appeal on 23/11/2021.