IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 10.01.2025 Ashu Gupta ... Petitioner(s)

Versus Harwinder Singh & Anr ... Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present : Mr. Sunny K. Singla, Advocate for the petitioner.

ALKA SARIN, J. (Oral)

1. The present revision petition has been filed under Article 227 of the Constitution of India challenging the impugned order dated 14.05.2024 whereby the application of the plaintiff-respondent No.1 to sue as an indigent person under Order 33 Rules 1 and 2 of the Code of Civil Procedure, 1908, has been allowed.

2. Learned counsel for the petitioner would contend that though the application was filed during the period of Covid-19 Pandemic, however, it was incumbent on the plaintiff-respondent No.1 to have presented the application in person as per the provisions of Order 33 Rule 3 of CPC. It is further the contention of the learned counsel that the plaintiff-respondent No.1 has a house and, hence, could not have been treated as an indigent person.

3. I have heard the learned counsel for the petitioner.

4. In the present case the plaintiff-respondent No.1 herein filed a suit for damages on the ground that his wif