A party seeking to proceed as a pauper must establish their indigency and inability to pay the required court fees.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Pauper Application No. 1/2004

In

S.B. Civil Regular First Appeal No. 88/2004

Ram Lal Saini, Contractor, S/o Shri Ramdev Saini, R/o Laxmi

Narainpuri, Shriram Colony, Outside Surajpole Gate, Jaipur

----Appellant/Applicant

Versus

Rajasthan Bridge And Construction Corpn. Ltd., Setu Bhawan,

Opposite Jhalana Doongari, Jaipur-Agra Bye-Pass, Jaipur-302

004, Through Its Chairman

----Respondent

Connected With

S.B. Civil First Appeal No. 88/2004

Ram Lal Saini, Contractor S/o Shri Ramdev Saini,

Laxminarainpuri, Shriram Colony, Outside Surajpole Gate, Jaipur

----Appellant

Versus

Rajasthan State Bridge And Construction Corporation Ltd., Sethu

Bhawan, Opp. Jhalana Doongri, Jaipur-Agra Byepass, Jaipur-

302004 through its Chairman

----Respondent

For Appellant-

applicant

:

Mr. Alok Garg, Advocate (through VC)

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

12/01/2022

Application under Section 5 of the Limitation Act is

allowed for the reasons mentioned therein and the delay of 47

days in filing the pauper application is condoned.

Learned counsel for the applicant submits that

valuation of the suit was Rs. 5,74,712.65 and thereon Court fee of

Rs. 28,805/- is required to be paid, but the applicant is an

(2 of 2)

[CPA-1/2004]

indigent person, therefore, he is unable to pay the court fee.

Except a plot of 188 Sq. yards, which was also mortgaged with

Jaipur Cooperative Bank Ltd., no other immovable property is

owned and possessed by the applicant. The applicant is living in a

rented house. Hence, the application be allowed, the applicant be

declared as indigenous person and the appeal filed by the

applicant-appellant may be treated as regularly filed appeal.

Heard. Considered.

As per the averments made in the application, which

was filed in the year 2004, the applicant had a house admeasuring

188 sq. yards, the price of which must have been escalated during

the past 17 years. Even otherwise, as per the averments made in

the application, the suit was valued at Rs. 5,74,712.65 and

thereon Court fee of Rs. 28,805/- is required to be paid, whereas

the plaintiff, who is a Contractor, filed the suit for recovery of

money and paid the Court fee in the trial court and as per his own

statement recorded as PW-1, he received the amount of first and

second bills and also received the part payment of third bill i.e. Rs.

22,067/-.

For the aforesaid reasons, I find no force in this pauper

application and the same being bereft of any merit is liable to be

dismissed, which stands dismissed accordingly.

Consequent upon the dismissal of the pauper

application and due to non payment of required Court Fees, the

Civil First Appeal does not survive and the same also stands

dismissed accordingly.

(PRAKASH GUPTA),J

Dk/26-27