High Court of Punjab and HaryanaCR/1468/2023dismissed

Baljeet Singh v. Rama Devi And Others

2023-04-11Mrs. Justice Alka Sarin2 pages

2023:PHHC:049571

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CIVIL REVISION No.1468 of 2023 (O&M) DATE OF DECISION: 11.04.2023 Baljeet Singh .....Petitioner versus Rama Devi and Others .....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Sumit Sangwan, Advocate for the petitioners ..

ALKA SARIN, J. (Oral):

The challenge in the present revision petition is to the order dated 04.02.2023 passed by the Trial Court vide which the application under Order 33 read with Section 151 of the Code of Civil Procedure, 1908 filed by the plaintiff-respondent No.1 to sue as a pauper has been allowed. Learned counsel for the defendant-petitioner would contend that the application has been allowed on the basis of the report of the Tehsildar dated 10.03.2022 wherein it has been stated that the income of the plaintiff-respondent No.1 from all sources annually is Rs.25,000/- and that she is blind since many years. The learned counsel would further PARKASH CHAND 2023.04.12 12:31 I attest to the accuracy and authenticity of this order/judgment.

2023:PHHC:049571 CR-1468-2023 - 2 - contend that the land standing in the name of the plaintiff-respondent No.1 is about three bighas and that she would be earning more than Rs.25,000/- annually from the said land.

Heard.

In the present case there is no document which has been brought to the notice of this Court which could reveal that the plaintiffrespondent No.1 is earning more than Rs.25,000/- annually, contrary to as stated in the report of the Tehsildar dated 10.03.2022 (Annexure P-4). The plaintiff-respondent No.1 in the present case is a widow as well as visually impaired. In the absence of any documents to show that the income of the plaintiff-respondent No.1 is more than Rs.25,000/- annually, I do not find any reason to interfere with the order dated 04.02.2023. The present revision petition being devoid of any merit and is accordingly dismissed. Pending applications, if any, also stand disposed off.

Dismissed.

11.04.2023 (ALKA SARIN) parkash JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2023.04.12 12:31 I attest to the accuracy and authenticity of this order/judgment.