IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Revision No.50 of 2026 Late Shri Sanjay Negi (deceased) though legal heirs …. Revisionists Versus State of Uttarakhand and another ……… Respondents ----------------------------------------------------------------------

Presence:-

Mr. Tejas Agarrwal, learned counsel for the revisionists.

Mr. M.S. Bisht, learned Brief Holder for the State.

----------------------------------------------------------------------

Hon’ble Siddhartha Sah, J. (oral)

This Civil Revision has been preferred against the order dated 18.03.2026 passed by the Learned Civil Judge (Senior Division), Kotdwar, District Pauri Garhwal, in Civil Suit No. 44 of 2022, Saroj Bala Gaur vs. Sanjay Negi & Others, whereby the Learned Civil Judge has rejected Application No. 60-Ga filed by the defendants/revisionists with costs of Rs. 500/-. By way of the said application, the defendants/revisionists had prayed for a direction to the plaintiff/respondent no. 2 to deposit the requisite court fee before leading the remaining evidence on behalf of the plaintiff.

2. Brief facts of the case are that a suit was instituted by the plaintiff/respondent no. 2 in the year 2021, initially registered as Misc. Case No. 26 of 2021, against the present revisionists/defendants for recovery of Rs. 32,69,700/- (Rupees Thirty-Two Lakhs Sixty-Nine Thousand Seven Hundred Only) and for declaring the sale deed dated 21.05.2015 executed between the revisionists and respondent no. 2 as null and void in the Court of Civil Judge (Senior Division), Kotdwar, Pauri Garhwal. Along with the plaint, the plaintiff/respondent no. 2 also filed an application dated 02.12.2021 under Order XXXIII read with Section 151 of the Code of Civil Procedure, 1908, seeking to be declared an indigent person and be exempted from depositing the applicable court fee at the time of institution of the suit.

3. Pursuant to the said application, the Civil Judge (Senior Division), Kotdwar, Pauri Garhwal passed an order dated 02.12.2021 directing an inquiry regarding the financial status of the plaintiff/respondent no. 2. Thereafter, pursuant to the said order, the Assistant District Government Counsel (Civil), Kotdwar, Garhwal addressed a letter to the Tehsildar, Kotdwar directing submission of an inquiry report regarding any property registered in the name of the plaintiff/respondent no. 2 within his jurisdiction before the Civil Judge (Senior Division), Kotdwar, Pauri Garhwal on the next date of hearing. Subsequently, the plaintiff/respondent no. 2 also filed an affidavit before the Trial Court stating that she had no assets anywhere in India either in her own name or in the name of her husband and prayed to be declared a pauper for the purpose of institution of the suit.

4. Thereafter, considering the inquiry report submitted by the revenue authorities of Tehsil Kotdwar, the Civil Judge (Senior Division), Kotdwar, Pauri Garhwal passed an order dated 30.05.2022 holding the plaintiff/respondent no. 2 to be an indigent person and permitting her to institute the suit without payment of the applicable court fee.

5. Thereafter, the aforesaid Misc. Case was registered as Civil Suit No. 44 of 2022, and summons were issued to the defendants/revisionists, who contested the suit by filing their written statement. During the trial on 19.02.2026, PW-1, namely the power of attorney holder/daughter of the plaintiff/respondent no. 2, was cross-examined on behalf of the defendants/revisionists, wherein she stated that her father had served as a constable in the Police Department and that after his death, the plaintiff/respondent no. 2 was receiving pension.

6. She further stated that her parents used to reside in their house at Dehradun before shifting to the suit property at Kotdwar. Pursuant to the disclosures made by PW-1 regarding the financial status of the plaintiff/respondent no. 2, the defendants/revisionists filed an Application No. 60-Ga dated 17.03.2026 praying therein that the plaintiff/respon